Legal Opinion · Concurrence

Adriana P. Perez v. Webb County

Texas Court of Appeals, 4th District (San Antonio)

Decided June 3, 2015No. 04-14-00275-CVPublished

1ConcurrenceMarialyn Barnard, Justice

Although I agree we must reverse and remand this matter back to the trial court, I write separately because I do not believe Perez produced a scintilla of evidence to establish Officer Yzaguirre acted with conscious indifference or reckless disregard for the safety of others. Rather, I believe Perez produced some evidence that Officer Yzaguirre was not responding to an emergency call. Thus, I agree the trial court’s judgment dismissing the case for lack of jurisdiction should be reversed and the matter remanded to the trial court for further proceedings.

Background

Officer Yzaguirre, a patrol…

2Cases cited5 opinions

  1. City of San Antonio v. HartmanTexas Supreme Court · 2006
  2. Pakdimounivong v. City of ArlingtonCourt of Appeals of Texas · 2006
  3. City of Pasadena v. Kuhn, Texas Court of Appeals, 1st District (Houston)2008
  4. Nancy Quested v. the City of Houston, Texas Court of Appeals, 14th District (Houston)2014
  5. Texas Department of Public Safety v. Little, Texas Court of Appeals, 14th District (Houston)2008

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