City of Amarillo v. Martin

In City of Amarillo v. Martin, 971 S.W.2d 426, 431 (Tex. 1998), the court noted the Texas legislature specifically excluded operation of emergency vehicles in emergency situations from the general waiver of immunity for negligent operation of vehicles contained in the Texas Tort Claims Act (TTCA) and held, "were we to . . . impose liability generally on emergency vehicle operators for mere negligence, we would render meaningless the portion of section 101.055 that specifically excludes emergency vehicle operators from the waiver of immunity for negligence." Martin, 971 S.W.2d at 430. Thus, a governmental entity is liable for damages resulting from the emergency operation of an emergency vehicle if the operator acted recklessly; that is, if the operator "committed an act that the operator knew or should have known posed a high degree of risk of serious injury" but did not care about the result. Id.