Norma Torres v. City of Corpus Christi, 13-14-00506-CV

Background

On July 18, 2011 Officer Robert Walker (Corpus Christi PD) lost control of his police vehicle while operating with lights/sirens and collided head‑on with Norma Torres, who sustained severe injuries requiring lumbar surgery.
It is undisputed Walker was acting within the scope of employment; Torres sued the City under the Texas Tort Claims Act (TTCA) alleging waiver of sovereign immunity for motor‑vehicle negligence under Tex. Civ. Prac. & Rem. Code §101.021.
The City filed a plea to the jurisdiction asserting TTCA immunity under the emergency‑situation exception (§101.055(2)) because Walker was responding to an emergency and (it contended) complied with laws/ordinances; alternatively, the City contended Walker did not act with conscious indifference or recklessness.
Evidence attached to the jurisdictional proceedings (per appellant) includes Walker’s deposition admissions taking responsibility, his guilty plea to an unsafe change citation, internal discipline and VARB finding of a preventable collision, and testimony that he was speeding and lost control entering a curve.
The trial court granted the City’s plea to the jurisdiction and rendered a take‑nothing judgment; appellant appealed, arguing disputed jurisdictional facts exist and the court should have left those factual issues (compliance with emergency laws and recklessness) for the jury.

Issues

Issue	Plaintiff's Argument (Torres)	Defendant's Argument (City)	Held / Relief Sought
Was sovereign immunity waived under TTCA §101.021 for injuries proximately caused by an employee operating a motor vehicle?	Torres pleaded waiver (operation of motor vehicle by employee within scope) and submitted evidence supporting that waiver.	City argued immunity remains because the emergency‑situation exception applies.	Appellant argues trial court erred; asks reversal and remand for jury determination.
Did the emergency‑situation exception (§101.055(2)) apply because Walker was responding to an emergency?	Torres: disputed facts (Walker’s own testimony that he was not driving prudently; he admitted fault) create a jury question whether an actual emergency justified his conduct.	City: lights/sirens and pursuit activity show Walker was responding to an emergency, invoking exception.	Appellant contends fact issue exists; trial court should not resolve contested facts at jurisdictional stage.
If an emergency existed, did Walker comply with laws/ordinances applicable to emergency action?	Torres: evidence Walker violated Transportation Code provisions, pled guilty to an unsafe‑change citation, violated department rules, and VARB found the wreck preventable — raising a fact issue on noncompliance.	City: asserts Walker complied with relevant statutes/ordinances.	Appellant argues noncompliance is supported by the record and raises a jurisdictional fact issue for the jury.
If no applicable law/ordinance or exception applies, was Walker’s conduct conscious indifference or reckless disregard?	Torres: excessive speed causing loss of control and admission of fault support reckless‑conduct question; thus immunity is waived (or exception does not protect).	City: argues lack of evidence of conscious indifference/recklessness.	Appellant maintains disputed facts exist and asks that the jury decide recklessness; trial court erred in granting plea.

Key Cases Cited

Bland Indep. Sch. Dist. v. Blue, 34 S.W.3d 547 (Tex. 2000) (plea to jurisdiction cannot force plaintiff to try entire merits; trial court may consider evidence when necessary to resolve jurisdictional issues)
Texas Dep't of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (governing standard for jurisdictional review of pleas to the jurisdiction and taking evidence when necessary; construing TTCA waiver and evidentiary approach)
Mission Consol. Indep. Sch. Dist. v. Garcia, 372 S.W.3d 629 (Tex. 2012) (review standard that disputed jurisdictional facts that implicate the merits must be resolved by the fact‑finder)
Texas Dep't of Transportation v. Jones, 8 S.W.3d 636 (Tex. 1999) (sovereign immunity principles and TTCA framework)
City of Amarillo v. Martin, 971 S.W.2d 426 (Tex. 1998) (standard for reckless conduct necessary to impose liability for emergency vehicle operation)
City of San Antonio v. Hartman, 201 S.W.3d 667 (Tex. 2006) (discussing reckless conduct standard and emergency‑vehicle operation under Chapter 546)