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CITY OF SAN ANTONIO v. WINKENHOWER

No. 04-93-00192-CV.

875 S.W.2d 388 (1994)

CITY OF SAN ANTONIO, Appellant, v. Angie WINKENHOWER and Harry Winkenhower, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied March 18, 1994.

Attorney(s) appearing for the Case

Christine Chemell, Legal Services, VIA Metropolitan Transit Authority, Paula Dlugosz, Asst. City Atty., San Antonio, for appellant.

Allan K. DuBois, Laura Cavaretta, Lang, Ladon, Green, Coghlan & Fisher, P.C., San Antonio, for appellee.

Before CHAPA, C.J., and GARCIA and RICKHOFF, JJ.

OPINION

CHAPA, Chief Justice.

This appeal stems from a suit to recover damages for personal injuries and property damage resulting from an automobile accident on July 24, 1991. Harry Winkenhower allegedly hit a pothole on Jones-Maltsberger Road in San Antonio, lost control of his 1988 Ford Bronco, and crashed into a bar ditch adjacent to the road. The dispositive issue before this court is whether appellees are precluded from recovering for property damages...

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