City of San Antonio v. Jimmy Maspero and Regina Maspero, Individually and as Next Friends of W.M., W.M., W.M., and W.M., Minor Children
640 S.W.3d 523
Tex.2022Background
- A joint task force investigated suspected drug trafficking at a rural San Antonio property; detectives trailed a departing vehicle (driven by David Rodriguez) until a uniformed officer stopped it offsite.
- SAPD Officer Kimberly Kory initiated a pursuit after Rodriguez allegedly committed a lane-signal violation; the chase proceeded from Loop 1604 to IH-35 and onto an access road.
- Rodriguez’s Suburban collided head-on with the Masperos’ car on the access road, causing serious injuries to Jimmy and Regina Maspero and killing two of their children.
- Disputed facts include whether Officer Kory’s siren was activated and whether she violated SAPD Procedure 609 (which governs pursuits and requires supervisory authorization for certain chases).
- The Masperos sued the City under the Texas Tort Claims Act (TTCA). The trial court granted the City’s plea to the jurisdiction; the court of appeals reversed; the Texas Supreme Court reversed the court of appeals and dismissed the claims for lack of jurisdiction.
- The Supreme Court held the TTCA’s emergency exception, Tex. Civ. Prac. & Rem. Code §101.055(2), applied (no fact issue that Kory acted recklessly or violated applicable law), and rejected any independent common-law waiver for negligent implementation of policy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of TTCA §101.055(2) (emergency exception) | Masperos: Kory violated laws/policy and acted recklessly in the pursuit, so the emergency exception does not bar their TTCA claim. | City: Kory was responding to an emergency, did not violate applicable laws, and did not act with conscious indifference or reckless disregard. | Held: Emergency exception applies; Masperos failed to raise fact issue that Kory violated laws/ordinances or acted recklessly. |
| Waiver under TTCA §101.021(1)(A) (“arises from” operation/use of vehicle) | Masperos: Injuries arose from Kory’s use of her patrol car in the chase, so immunity is waived. | City: No sufficient causal nexus between Kory’s vehicle use and the Masperos’ injuries; immunity remains. | Held: Court did not decide this question because §101.055(2) applies and preserves immunity. |
| Independent waiver via negligent implementation of policy | Masperos: Kory’s departure from SAPD Procedure 609 supports an independent waiver for negligent implementation of policy. | City: Waiver of sovereign immunity is statutory (Legislature’s province); no independent common-law waiver exists. | Held: No independent common-law waiver; court rejects the court of appeals’ reading—waiver must come from statute. |
| Siren/nonuse and Transportation Code violation | Masperos: Failure to activate siren (per department policy) violated Tex. Transp. Code §546.003 and thus defeats the emergency exception. | City: §546.003 applies only to certain authorized emergency conduct under §546.001; siren evidence is inconsequential to causation. | Held: §546.003 did not apply at the time of collision; evidence about the siren does not raise a fact issue that would defeat §101.055(2). |
Key Cases Cited
- Scott v. Harris, 550 U.S. 372 (police-chase context—courts should avoid rules that encourage more hazardous fleeing by suspects)
- Tarrant County v. Bonner, 574 S.W.3d 893 (recklessness requires conscious indifference / subjective awareness of extreme risk)
- Ryder Integrated Logistics, Inc. v. Fayette County, 453 S.W.3d 922 (distinguishing negligent policy formulation from negligent execution in TTCA contexts)
- State v. Terrell, 588 S.W.2d 784 (policy formulation v. implementation distinction—liability only for negligent execution under the Act)
- City of San Antonio v. Hartman, 201 S.W.3d 667 (plaintiff bears burden to negate TTCA emergency exception)
- Tex. Dep’t of Transp. v. Jones, 8 S.W.3d 636 (sovereign immunity and statutory waiver principles)
- Texas Nat. Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849 (waiver of sovereign immunity is for the Legislature)
- Travis v. City of Mesquite, 830 S.W.2d 94 (police pursuits can be necessary but are not automatically reasonable)