The Texas Tort Claims Act law generally protects governmental entities from civil liability. There are exceptions, however, under which parties injured by government employees acting in their scope of work can pursue claims against the government. In doing so, they must follow the proper procedure, which, in part, requires them to provide the government entity with notice of their claim within the statutory timeframe. In a recent Texas case arising out of a collision involving an ambulance, City of Alvin, v. Edna Fields (No. 01-22-00572-CV), the court discussed what evidence is needed to establish actual or constructive notice. If you were injured in a crash caused by another party’s negligence, you might be owed damages, and you should meet with a Texas car accident lawyer at your earliest convenience.
Factual and Procedural Setting
It is reported that in October 2019, the plaintiff called 911 due to a headache and weakness in her left arm. She had suffered an intracranial bleed two weeks prior. Emergency medical technicians employed by the defendant city responded. After assessing the plaintiff, they suspected she suffered a stroke, and they decided to transport her to the hospital via ambulance.
It is alleged that while approaching an intersection at about 65 miles per hour, the ambulance entered against a red light, colliding with a pickup truck. No significant injuries were reported at the scene. The plaintiff filed a lawsuit nearly two years later, alleging negligence claims against the defendant and the pickup truck driver. The defendant claimed governmental immunity, arguing that the plaintiff failed to give the defendant notice of her claim within six months. The trial court denied the defendant’s plea to the jurisdiction and motion to dismiss. The defendant appealed. Continue Reading