City of Houston appeals $13 million judgment in deadly police crash case

HOUSTON, Texas (KTRK) — The City of Houston has begun the process of an appeal in the $13 million federal judgment stemming from a deadly crash involving a Houston police officer who was driving at more than double the speed limit.

The ruling, handed down last month, found the city liable for the death of Charles Payne, who was killed four years ago this week.

Payne’s wife and children successfully sued the city in federal court, a rare outcome due to legal protections that typically shield government entities from such lawsuits.

The case went to trial for three weeks before a jury sided with Payne’s family, awarding damages for his death.

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Now, city attorneys are asking the federal court to set aside the verdict, or at the very least, reconsider the $13 million judgment.

Former federal prosecutor Eric Gerard, who reviewed the city’s filings for ABC13, said Houston’s argument centers on two main points.

First, the city is again asserting that it should not have been sued at all, citing sovereign immunity- a doctrine that often protects cities and their departments from civil liability.

“On the liability side, they’re really retreading the same ground they tried to pursue at trial. That is the issue of immunity,” Gerard said.

Second, the city argues that Payne’s relationship with his wife and children was strained over many years and that this should reduce the amount of damages awarded.

“The city made a cynical argument,” Gerard said. “It said that Mr. Payne didn’t have the sort of family relationships that merited that type of damages.”

Gerard said both arguments face steep challenges at the appellate level and advised the Payne family to remain patient.

“They may very well settle,” he said. “But if I were in the family’s position, I would feel pretty good on appeal.”

When the verdict was announced last month, Payne’s widow expressed relief and resolve.

“I know my husband is looking down,” she said. “He knows we didn’t give up.”

Payne’s attorneys did not respond to requests for comment. The City of Houston declined to comment, citing a policy against discussing pending litigation.

The appeals process could take months-or even years- before a final decision is reached.

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