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SIMONS v. CITY OF AUSTIN

No. 03-95-00493-CV.

921 S.W.2d 524 (1996)

Joyce Ann SIMONS, City of Austin, Appellants, v. CITY OF AUSTIN, Joyce Ann Simons, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled May 29, 1996.

Attorney(s) appearing for the Case

Christopher L. Elliott, Pluymen & Ivy, P.C., Austin, for Appellants.

Andrew F. Martin, City Attorney, Molly D. Shannon, Assistant City Attorney, Austin, for Appellees.

Before CARROLL, C.J., and ABOUSSIE and KIDD, JJ.

KIDD, Justice.

A jury awarded appellee Joyce Ann Simons $200,000 in damages for injuries sustained when a wooden partition fell on her at the Hancock Recreation Center, a facility owned and operated by appellant City of Austin (the "City"). The trial court rendered judgment on the jury verdict, and the City now appeals. We will affirm the judgment of the trial court.

BACKGROUND

On August 28, 1989, Simons was struck on the back when a three-panel...

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