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City of Houston v. Mendoza12/2/1999
o reviewed Medina's deposition before rendering their opinions. Further, since Ramsey's Conclusions are based on the same methodology and materials as the City's experts, we do not find that the trial court abused its discretion in admitting Ramsey's affidavit.
While we admit that some of Ramsey's assertions have a noticeable analytical gap between proof and opinion, we find that most of them do not. His opinions about the reasonableness of the HPD officers' behavior are based on other circumstances, including the presence of the helicopter, the officers lack of familiaritywith the area where a large portion of the chase occurred, the nature of the road conditions, the speeds of the vehicles, and the chance the suspects would have abandoned the truck if the officers would have pulled back. Accordingly, we do not find that the trial court abused its discretion in admitting the affidavit of appellees' expert.
The final issue raised by the City is its entitlement to summary judgment based on sovereign immunity. Because the City's immunity defense is contingent on the official immunity of the officers involved in the chase, and their entitlement to immunity was not established in this case, we need not decide if the trial court erred in failing to grant summary judgment for the City. See Wadewitz, 951 S.W.2d at 467.
Because genuine issues of material fact exist regarding whether or not the HPD officers acted in good faith, the trial court did not abuse its discretion in denying the City's motion for summary judgment. Also, since sufficient proof of reliability is found in the affidavit of appellees' expert, we find its admission was not an abuse of discretion. Finally, since the officers were not entitled to summary judgment, we find that denial of the City's motion for summary judgment based on sovereign immunity was not an abuse of discretion. Accordingly, we affirm the judgment of the trial court and remand this cause for further proceedings consistent with this opinion.
Do Not Publish -- TEX. R. APP. P. 47.3(b).
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