DAVIS v. CITY OF SAN ANTONIO

No. C-6970.

752 S.W.2d 518 (1988)

Morris E. DAVIS, Petitioner, v. CITY OF SAN ANTONIO, Respondent.

Supreme Court of Texas.

Rehearing Denied July 6, 1988.


Attorney(s) appearing for the Case

Daniel R. Rutherford, Law Offices of Dan Rutherford, San Antonio, for petitioner.

Lloyd Garza and David B. Casas, City Attys. Office, San Antonio, for respondent.


KILGARLIN, Justice.

The principal issue in this malicious prosecution case is whether the City of San Antonio waived the defense of governmental immunity by failing to affirmatively plead it. After the trial court rendered judgment n.o.v. for the City, the court of appeals affirmed, holding that the City was immune from liability to its former employee, Morris E. Davis, despite the failure to plead the defense of governmental immunity. 739 S.W.2d...

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