Rivas v. City of Houston

The majority opinion has effectively ruled that an ambulance driver, who is tired and wants to get a belligerent, uncooperative patient to the hospital as quickly as possible, can violate traffic and safety laws, disregard governmental rules and regulations, run a red light, slam into another vehicle, and be immune from liability as a matter of law. I disagree, particularly in light of controlling case law and evidence to the contrary.

Official immunity as an affirmative defense to personal liability arises only in context of the good faith performance of a discretionary duty. See Wadewitz v.…