Houston Residents' Lawsuit Over Garbage Truck Fatality Allowed to Proceed
An appeals court ruled the city's governmental immunity does not shield it from a negligence lawsuit after a man died chasing a garbage truck.
The City of Houston is facing a negligence lawsuit after a resident died in March 2024 while attempting to retrieve a dropped item from a city garbage truck.
Sathya Rajendra, the widow of the deceased Rajendra Gudur, filed the claim alleging her husband attempted to flag down the truck and banged on its side to get the driver's attention. Gudur subsequently lost his balance, fell, and hit his head on the ground, later succumbing to his injuries.
The City of Houston initially argued that the lawsuit's allegations were insufficient to overcome its governmental immunity. However, the 14th Court of Appeals denied Houston's request to dismiss the case, ruling that the allegations were sufficient to support a "basis in law" for the cause of action. The court found that Gudur's injuries could have been caused by a city-owned vehicle.
"Allegations that the truck failed to stop while Gudur sought collection, that there was a physical interaction with the truck prompting Gudur's resulting fall were sufficient to support a 'basis in law' for Rajendra's cause of action," the court stated.
Maverick Ray, Gudur's attorney, informed Chron that the appeals court ruling resolves a procedural hurdle but does not guarantee a settlement. "The city simply lost a procedural door slam that would have just totally prevented this lawsuit. But it is going to continue forward," Ray said.
Under Texas's proportionate responsibility rules, a jury could assign fault percentages to both Gudur and the city's driver. If Gudur is found to be more than 50 percent at fault, his family would recover nothing. Conversely, if the city's driver is found to be more at fault, the family could recover a portion of the damages.
Ray indicated that the City of Houston could still attempt to dismiss the case during a future summary judgment phase. Potential questions for the court may include the truck's speed, whether the driver could have prevented the incident, and the driver's responsibility upon observing Gudur's injury. "The law also doesn't say a city gets a free pass just because the injured person made a bad decision," Ray added.
The 14th Court of Appeals granted Houston's request to extend its rehearing deadline from October 9 to October 23. The lawsuit remains ongoing.
