Texas Department of Public Safety v. Sparks
2011 Tex. App. LEXIS 5396
| Tex. App. | 2011Background
- DPS Troopers Hallett and Lee pursued a motorcycle; Hallett entered an intersection with emergency lights/siren.
- Hallett slowed, looked both ways, and proceeded into the intersection, colliding with Sparks's van.
- Sparks sued DPS under the Texas Tort Claims Act for negligent vehicle operation.
- DPS moved for a plea to the jurisdiction and summary judgment asserting sovereign immunity via the emergency-exception (101.055(2)).
- Sparks argued Hallett violated traffic laws and acted with reckless disregard, creating a fact issue on immunity.
- Trial court denied DPS’s plea; the court of appeals reversed and dismissed for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether emergency-exception preserves immunity | Sparks: Hallett acted with reckless disregard. | Hallett complied with emergency actions and laws; no recklessness. | Immunity preserved; emergency exception applied, SEC 101.055(2). |
| Whether Sparks raised a genuine fact issue on recklessness | Sparks: evidence shows red-light entry and recklessness. | DPS: undisputed evidence shows slowed, cautious entry; no recklessness. | No genuine fact issue; DPS established lack of jurisdiction. |
| Whether the trial court properly lacked subject-matter jurisdiction | Sparks contends jurisdiction exists under Act waivers. | Emergency-action conduct negates waiver of immunity. | Court held no jurisdiction; dismissals affirmed. |
Key Cases Cited
- City of Pasadena v. Kuhn, 260 S.W.3d 93 (Tex.App.-Houston [1st Dist.] 2008) (reckless-disregard standard for emergency actions)
- City of San Angelo Fire Dep't v. Hudson, 179 S.W.3d 695 (Tex.App.-Austin 2005) (no recklessness when emergency vehicle slowed and looked)
- Smith v. Janda, 126 S.W.3d 543 (Tex.App.-San Antonio 2003) (emergency response not reckless with sirens active and slowing)
- City of Amarillo v. Martin, 971 S.W.2d 426 (Tex. 1998) (reckless disregard threshold for emergency actions)
- City of Laredo v. Varela, No. 04-10-619-CV (Tex.App.-San Antonio 2011) (policy compliance and evidence of recklessness needed to raise issue)
- Hudson (City of San Angelo Fire Dept. v. Hudson), 179 S.W.3d 695 (Tex.App.-Austin 2005) (emergency action not reckless when driver slows and checks)