AUSTIN – The Supreme Court of Texas today handed AZA’s Daryl Moore two victories for client the City of San Antonio in immunity cases he argued back-to-back to the court in the fall of 2021.
Both cases filed against San Antonio involved the immunity of law enforcement officers under the Texas Tort Claims Act and both were reversed and dismissed. These were the first two cases Judge Moore argued after he left the 333rd District Court bench, where he earned recognition as one of Harris County’s and Texas’ best judges.
“I’m thrilled with the results for our client,” Judge Moore said. “Back-to-back Supreme Court arguments may not be the easiest place to dust the rust off from four years on the bench, so it’s especially gratifying to see our client prevail.”
Inthe City of San Antonio v. Armando D. Riojas, the court found that the city and the police officer who turned on his emergency lights to warn drivers of a slowdown had immunity from being sued by a motorcyclist who collided with another vehicle. Chief Justice Nathan Hecht wrote that the officer met the test of being “reasonably prudent” in this situation.
In the companion case City of San Antonio v. Jimmy Maspero, Justice Debra Lehrmann wrote that the officer pursuing a fleeing drug suspect was not reckless, and her actions did not amount to those that would allow for an exception to emergency situation allowances in the governmental immunity laws.
“We were thrilled to have the illustrious Judge Moore join our appellate team. His excellent result today demonstrates why clients and colleagues alike place their trust in him,” said Jane Robinson, head of AZA’s appellate practice.
Both cases reversed the Fourth Court of Appeals. City of San Antonio v. Armando D. Riojas is Texas Supreme Court case no. 20-0293 and City of San Antonio v. Jimmy Maspero is case no. 19-1144.
AZA, or AZA, or Ahmad, Zavitsanos & Mensing is a Houston-based law firm that is home to true courtroom lawyers with a formidable track record in complex commercial litigation, including energy, healthcare, intellectual property, and business dispute cases. AZA is recognized by Chambers USA 2021 among the best in Texas commercial law and intellectual property; by U.S. News – Best Lawyers’ Best Law Firms as one of the country’s best commercial litigation firms for nine years running; has been named Litigation Department of the Year by Texas Lawyer; and was previously dubbed by Law360 a Texas Powerhouse law firm. National corporate counsel named AZA one of the country’s best in client service among law firms serving the Fortune 500.