Adriana P. Perez v. Webb County
511 S.W.3d 233
Tex. App.2015Background
- Perez sued Webb County for injuries from a collision with a Webb County patrol car driven by Yzaguirre at a red light; the County invoked the emergency exception to immunity under TTCA §101.055(2) and the trial court dismissed for lack of jurisdiction.
- The case centers on whether Yzaguirre’s actions were taken with conscious indifference or reckless disregard for safety.
- The jury-style record includes Yzaguirre responding to a domestic call, with lights and air horn but no siren, and entering an intersection with a blind spot.
- Dashboard data show speeds around 16 mph before one intersection and roughly 36 mph at impact; Yzaguirre slowed and braked before entering the red-light intersection.
- The lead opinion reverses to the extent there is a fact issue on reckless disregard; the concurrence agrees on remand but analyzes the same issue differently; the dissent would affirm dismissal, finding no fact issue on reckless disregard and confirming emergency response.
- The underlying evidence includes SOPs and context about call classification (Code 2 vs Code 3) and whether Yzaguirre was responding to an emergency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Yzaguirre acted with conscious indifference or reckless disregard | Perez | Webb County | Remand; fact issue exists on reckless disregard |
| Whether Yzaguirre was responding to an emergency call | Perez | Webb County | Remand; issue unresolved as fact question exists about emergency status |
| Whether the emergency exception waived immunity applies given evidentiary facts | Perez | Webb County | Remand; fact issue on emergency status and recklessness sustained |
Key Cases Cited
- City of Amarillo v. Martin, 971 S.W.2d 426 (Tex. 1998) (reckless disregard requires high risk of serious injury)
- City of Pasadena v. Kuhn, 260 S.W.3d 93 (Tex.App.-Houston [1st Dist.] 2008) (reckless disregard requires high risk; momentary lapse insufficient)
- Hartman v. City of San Antonio, 201 S.W.3d 667 (Tex. 2006) (emergency exception scope; conscious indifference standard)
- Tex. Dep’t of Pub. Safety v. Little, 259 S.W.3d 236 (Tex.App.-Houston [14th Dist.] 2008) (emergency exception applicability when reacting to emergency)
- Smith v. Janda, 126 S.W.3d 543 (Tex.App.-San Antonio 2003) (reckless disregard standard for emergency vehicle operators)
- City of Laredo v. Varela, 2011 WL 1852439 (Tex.App.-San Antonio May 11, 2011) (recognizes factors showing caution in emergency response)
- Bonilla, 481 S.W.3d 646 (Tex.App.-El Paso 2014) (evidence of distraction and timing can raise or defeat conscious indifference)