Congratulations to KD&P associate, Morgan McPheeters, who successfully convinced Houston’s First District Court of Appeals to affirm the trial court’s ruling, allowing her client’s personal injury claims against the City of Houston to proceed. After a police dog attacked and injured his minor son, Jesus Roman filed suit against the City of Houston, alleging that the Houston police officers charged with handling the dog were negligent. The City, however, claimed it was immune from suit under the Texas Tort Claims Act because the officers’ conduct was actually an intentional tort for which cities are immune from suit. The court of appeals rejected the City’s argument, holding that the injuries caused by the police dog were claims arising out of the City’s negligent use of tangible personal property—claims for which the Act allows the City to be sued. You can read the court of appeals’ opinion here.
