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City of Pasadena, Texas v. Belle

Appellant asserts governmental immunity from a personal-injury suit involving a police officer who was involved in an automobile collision while responding to an emergency dispatch. Under current Texas law, the determination of good faith under �101.021 of the Texas Tort Claims Act consists of a balancing test that may often turn upon the artful drafting of affidavits. Here, the officer's affidavit does not address all of the factors mandated by the prevailing balancing test, and therefore does not conclusively demonstrate his good faith. Houston Court of Appeals, No. 14-08-00531-CV, 10-01-2009

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Affirmed and Opinion filed October 1, 2009.

OPINION

This interlocutory appeal*fn1 arises from the trial court’s denial of a plea to the jurisdiction filed by appellant, the City of Pasadena. Appellant asserts governmental immunity from a personal-injury lawsuit involving a Pasadena police officer who was involved in an automobile collision while responding to an emergency dispatch. The driver of the other vehicle, appellee James West, contends that Pasadena’s immunity is waived because its employee, Officer Martin Hoffman, drove recklessly and did not act in good faith by speeding without activating his patrol car’s emergency lights or siren.

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