(Download) "Robert Young v. City Dimmitt" by Supreme Court of Texas No. C-9208 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Robert Young v. City Dimmitt
- Author : Supreme Court of Texas No. C-9208
- Release Date : January 21, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Attempting to kill himself, a Dimmitt police officer drove his police car into oncoming traffic, colliding with a car in which
petitioners were riding. Petitioners sued the City of Dimmitt under the Tort Claims Act,1 alleging that the city was liable
for negligently employing the police officer and for negligently entrusting a police car to him.2 More particularly, petitioners
contend that before the City of Dimmitt hired the officer, he had been fired from the City of Dumas police department on suspicion
that he had committed arson and burglary, and that while working for the City of Dimmitt, he came under suspicion for an additional
burglary and fire. By special exceptions, the city asserted that petitioners' claims were not allowed under the Tort Claims
Act. The trial court sustained the special exceptions, and when petitioners refused to amend, dismissed their claims. The
court of appeals affirmed. 776 S.W.2d 671. The court of appeals concluded "that notwithstanding appellants' allegations of negligent hiring, retention, and entrustment,
[the officer's] intentional tortious action on the occurrence in question precludes an application of the Tort Claims Act."
776 S.W.2d at 673. We disapprove this statement. Although a governmental unit is immune from claims arising out of intentional
torts, TEX. CIV. PRAC. & REM. CODE ANN. 101.057 (Vernon 1986), petitioners' negligent employment and entrustment claims
arise out of the alleged negligence of the city employees supervising the officer, not out of the officer's intentional tort.
 "Robert Young v. City Dimmitt" by Supreme Court of Texas No. C-9208 ~ eBook PDF Kindle ePub Free){kind=link}