Nancy Quested v. the City of Houston, 440 S.W.3d 275

On-call HPD SWAT officer Erik Holland received an emergency call and proceeded to a hostage situation in his personal vehicle.
Nancy Quested, driving on the Sam Houston Toll Road Bridge, rear-ended by Holland who was responding to the incident.
Holland admitted he exceeded the speed limit to reach the scene; collision occurred as both vehicles were in transit to the emergency.
Quested sued Holland for negligence; the City of Houston later became a defendant seeking immunity under TTCA.
The trial court granted the City’s plea to the jurisdiction and denied Quested’s request for jurisdictional discovery.
The court held that the emergency response exception to TTCA applied, giving sovereign immunity to the City and dismissal of claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Quested should have been allowed jurisdictional discovery	Quested: discovery could reveal Holland’s on-duty status and relevance to immunity.	City: no material jurisdictional facts to dispute; discovery not material to immunity.	No abuse; discovery not material to jurisdiction
Whether the emergency exception to TTCA applied, precluding jurisdiction	Quested contends facts show no emergency or noncompliance by Holland.	City: Holland responding to an emergency; actions within emergency exception; conscious indifference not shown.	Emergency exception applies; City immune; no jurisdiction

City of Galveston v. State, 217 S.W.3d 466 (Tex. 2007) (immunity defeats jurisdiction; standard de novo review)
Tex. Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (liberal pleadings; jurisdictional analysis from pleadings)
University of Texas Health Science Ctr. at Houston v. McQueen, 431 S.W.3d 750 (Tex. App.—Houston [14th Dist.] 2014) (jurisdictional pleading; scope of review on immunity)
City of San Antonio v. Hartman, 201 S.W.3d 667 (Tex. 2006) (emergency or discretionary standards; conscious indifference)
Tex. Dept. of Pub. Safety v. Little, 259 S.W.3d 236 (Tex. App.—Houston [14th Dist.] 2008) (emergency exception; conscious indifference/reckless disregard standards)
Klumb v. Houston Mun. Emps. Pension Sys., 405 S.W.3d 204 (Tex. App.—Houston [1st Dist.] 2013) (abuse of discretion; discovery relevance to jurisdictional issues)
Joe v. Two Thirty Nine Joint Venture, 145 S.W.3d 150 (Tex. 2004) (abuse-of-discretion standard for continuances in discovery)
DeWitt v. Harris County, 904 S.W.2d 650 (Tex. 1995) (TTCA liability when employee acts within scope of employment)