Molina v. Alvarado (Per Curiam)Annotate this Case
Elias Alvarado filed a complaint against the City of McCamey for negligence and negligence per se, claiming that governmental employee Jesus Molina was driving a city vehicle under the influence of alcohol when he struck Alvarado’s vehicle. The City asserted immunity from suit. Alvarado then filed an amended petition naming Molina as an additional defendant. Molina moved for summary judgment seeking dismissal under the Texas Tort Claims Act (TTCA)’s election-of-remedies provision, alleging that Alvarado had previously made an irrevocable election to sue the City and was thus barred from suing him as well. The trial court denied the summary judgment motion. The court of appeals affirmed, concluding that material fact questions existed regarding whether Molina was actually driving the City’s vehicle within the scope of his employment or under the influence of alcohol. The Supreme Court reversed, holding that, under the TTCA, Alvarado’s choice to sue only the City, not its employee, constituted an irrevocable election and barred any future suit against Molina, an individual employee of the City, regarding the same subject matter.