Here's a breakdown of the case City of Houston v. Manning from the Texas Supreme Court in 2025. You can read the full opinion by clicking here.
The case centers on whether the Texas Tort Claims Act (TTCA) waives governmental immunity for claims based on negligence per se—meaning negligence proven by violating a statute—when the government employee causes injury.
Facts:
- The Houston Fire Department responded to a dumpster fire.
- Fire Engine 82, operated by William Schmidt, was driving southbound on Fondren Road with emergency lights and siren activated, reportedly at about 45 mph in a 35 mph zone.
- Chelsea Manning was driving westbound on Ludington Drive, stopped at a red light, then proceeded when it turned green.
- At the intersection, the fire truck struck Manning's car.
- Houston Police found Schmidt failed to proceed through the intersection with due care.
- Manning sued the City, alleging negligence and negligence per se, citing violations of sections of the Texas Transportation Code concerning emergency vehicle operation.
Legal Issue:
Does the TTCA waive governmental immunity for negligence per se claims—i.e., claims based on statutory violations that define the standard of care?
Court's Analysis:
- The TTCA waives immunity for injuries caused by negligence of government employees acting within their scope.
- The City argued that the Act only covers "negligence," not negligence per se.
- The court noted that negligence per se is just a method of proving breach of duty, which is integral to negligence claims.
- The court cited precedent explaining that statutes defining standards of care (like traffic laws for emergency vehicles) refine but do not replace common-law negligence standards.
- Violating such statutes generally also constitutes negligence under common law.
- The court concluded that negligence per se claims fall within the waiver of immunity under the TTCA.
- The court disapproved prior cases that excluded negligence per se from the waiver.
- Other issues about official immunity and exceptions to immunity were remanded to the appeals court for reconsideration in light of recent Texas Supreme Court decisions.
Outcome:
- The Supreme Court granted review, vacated part of the appeals court judgment, and remanded for further consideration about official immunity and exceptions.
- It upheld that negligence per se claims are covered by the TTCA waiver of immunity.
This is a significant ruling because it clarifies that when a government employee violates safety statutes, those violations can form the basis for claims despite governmental immunity protections, as long as the employee's conduct falls within their employment scope.
Girards Law Firm specializes in severe injury and wrongful death cases, especially those that involve brain damage, heart damage, spinal cord injuries or severe burns in Texas, Arkansas and Oklahoma. Contact us at www.girardslaw.com by using the chat feature for more information.