BARRERA v. CITY OF GARLAND

No. 05-88-01513-CV.

776 S.W.2d 652 (1989)

Manuel BARRERA, et ux, Helen Barrera, Appellants, v. CITY OF GARLAND, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied September 22, 1989.


Attorney(s) appearing for the Case

Lawrence L. Mealer, Dallas, for appellants.

Sidney H. Davis, Jr., Dallas, for appellee.

Before ENOCH, C.J., and WILLIAMS and STEPHENS, JJ.


CLAUDE WILLIAMS, Justice (Assigned).

The sole issue before this court is whether the trial court properly applied the doctrine of municipal immunity from tort liability. This Court holds that a question of fact was raised at the trial level as to whether the city was negligent in its performance of a proprietary function. For this reason the parties are entitled to a trial on the merits to determine whether a hazard existed adjacent to the street and whether the city...

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