Sharon P. Thomas and Alice McNeal, Petitioners v. Howard Oldham and City of Houston, Respondents; Daniel Gibson…

Summary

The Texas Supreme Court held that under Tex. Civ. Prac. & Rem. Code § 101.106 a judgment against a governmental unit bars a concurrent judgment against the employee whose conduct gave rise to the claim. Accordingly the Court reversed the appellate judgments that allowed recovery from the employee and affirmed the remainder of the judgments. The Court also found insufficient evidence for McNeal's property‑damage award and declined to reverse the trial court’s refusal to give a sudden‑emergency instruction. Justice Gammage dissented, arguing that the statute should be read to permit recovery from the employee.