DP&S’s Dana Levy and Trial Attorney Scott West Secure Key Governmental Immunity Appellate Ruling for Injured Plaintiff

The Houston First Court of Appeals affirmed a significant ruling for an injured motorist, holding that Harris County cannot avoid accountability by asserting governmental immunity in a collision involving a county patrol vehicle.

The opinion is an important victory for the client, Owen Anderson, and Scott West of The West Law Firm, who is lead trial counsel, as it ensures that Anderson’s claims will move forward in the trial court. Durham, Pittard & Spalding partner Dana Levy’s briefing was instrumental in laying the groundwork for this favorable result.

The case arises from a collision between Owen Anderson and a Harris County Sheriff’s Office patrol vehicle driven by Sgt. B.J. Johnson. The officer was driving home in his county-issued patrol cruiser following a mandatory training session when the wreck occurred. In response to a negligence lawsuit filed by Anderson, Harris County attempted to avoid liability by filing a plea to the jurisdiction, claiming immunity under the Texas Tort Claims Act. The county argued that Sgt. Johnson was merely commuting and therefore outside the scope of his job duties. The trial court denied the plea, and the county appealed.

In a November 20 opinion, the First Court of Appeals agreed with the trial court, finding that Harris County failed to rebut a presumption that a government employee driving an employer-owned vehicle is acting within the scope of employment.