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

Summary

The Texas Supreme Court held that Texas Tort Claims Act §101.106 bars the simultaneous rendition of judgment against a governmental unit and its employee, reversed in part the appellate judgments in Oldham and Gibson, affirmed the remainder, and rejected the plaintiffs' challenges to the evidence of damages and to the trial court's refusal to give a sudden‑emergency instruction. Justice Gammage dissented, arguing the statute should not bar concurrent judgments, while Justices Hecht, Owen, and Enoch filed concurring opinions supporting the majority’s holdings and discussing the sudden‑emergency instruction.