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CITY OF EL PASO v. KOLSTER

No. 08-95-00220-CV.

931 S.W.2d 365 (1996)

CITY OF EL PASO, Appellant, v. Willette L. KOLSTER, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled October 16, 1996.

Attorney(s) appearing for the Case

David C. Caylor, City Attorney, Daniel H. Hernandez, Assistant City Attorney, John Gates, Assistant City Attorney, El Paso, for Appellant.

Dudley R. Mann, El Paso, for appellee.

Before LARSEN, McCLURE and CHEW, JJ.

OPINION

LARSEN, Justice.

The City of El Paso appeals a judgment, following jury trial, awarding plaintiff Willette Kolster $68,439.75. The City claims that it established, as a matter of law, its affirmative defense of sovereign immunity and that the trial court erred in not granting its motion for directed verdict, motion for judgment n.o.v., and motion for new trial based upon that defense. We reverse and render.

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