City of Amarillo v. Martin

GONZALEZ, HECHT, OWEN, BAKER, ABBOTT, and HANKINSON, Justices, join.

Firefighter Brent Clark collided with two vehicles while driving a City of Amarillo fire truck on an emergency call. We must decide whether the City, Clark’s employer, may be liable to Erica Martin, the driver of one of the other vehicles, for Clark’s simple negligence. The trial court said yes. So did the court of appeals. 912 S.W.2d 349. However, we say no.

I. Facts

Clark was driving the fire truck with warning lights and sirens operating when he approached an intersection. He reduced speed, but drove through the intersection…