Texas Supreme Court

City of Amarillo, Petitioner v. Erica Shae Martin, Respondent

June 5, 199841 Tex. Sup. Ct. J. 870

Summary

The Texas Supreme Court reversed the Court of Appeals, holding that section 24(e) of article 6701d imposes liability on emergency vehicle operators only for reckless conduct, not for ordinary negligence, and therefore affirmed the City of Amarillo's immunity from liability to Erica Martin. Justice Spector filed a dissent arguing that the duty of due regard should apply to non‑privileged conduct and that liability should arise from negligence in such cases.