other drivers had yielded the right of way. Again, we disagree that Garrett’s conclusion raises a genuine issue of material fact as to whether Hallett acted recklessly. Garrett’s report also confirms that Hallett’s vehicle “slowed down” as it approached the intersection. When questioned at his deposition about the counsel ing record stating that Hallett failed to exercise due caution, Garrett responded that he did not believe Hallett needed to be counseled, but that he was instructed to counsel Hallett by his supervisor, John Rodriguez. No evidence was presented, either in Garrett’s report or deposition testimony, that Hallett failed to slow as necessary before entering the intersection or otherwise acted with reckless disregard for the safety of others. See Hudson, 179 S.W.3d at 702 (<HOLDING>); see also Barnes, 2008 WL 820885, *4-5, 2008
holding that where plaintiff did not controvert defendants assertion of mistaken belief conscious indifference was negated holding witnesss statement that firefighter entered intersection without stopping and witness did not hear brakes being applied was not evidence of recklessness or conscious indifference holding that trial court did not err in refusing to allow defendant to introduce evidence of witnesss pending indictment when witnesss testimony regarding defendants participation in murder was virtually identical to witnesss written statement which was sworn to on day of murder and prior to offense for which witness was indicted holding officers failure to adhere to policy requiring emergency vehicles to come to complete stop and failure to remember looking both ways before entering intersection did not raise fact issue as to whether officer acted in conscious indifference to or reckless disregard for safety of others holding no evidence of reckless disregard for safety of others when officer entered intersection without stopping and witness did not hear brakes being applied