CITY OF TYLER v. LIKES

No. 95-1014.

962 S.W.2d 489 (1997)

The CITY OF TYLER, Petitioner, v. Adeline LIKES, Respondent.

Supreme Court of Texas.

Decided December 11, 1997.

Rehearing Overruled February 13, 1998.


Attorney(s) appearing for the Case

Gregory P. Grajczyk, Longview, for Petitioner.

Willis Jarrel, Jr., Tyler, for Respondent.


PHILLIPS, Chief Justice, delivered the opinion of the Court, in which GONZALEZ, HECHT, ENOCH, OWEN, BAKER, ABBOTT and HANKINSON, Justices, join.

This is a suit for flood damage brought against a municipality under the Texas Tort Claims Act, common law, and the Texas Constitution. Floodwaters flowing through a municipal culvert system constructed before the Legislature passed the Tort Claims Act damaged plaintiff's home. The primary issue is whether plaintiff may recover...

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