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MUNOZ v. CITY OF PEARSALL

No. 04-01-00107-CV.

64 S.W.3d 119 (2001)

Enrique MUNOZ and wife, Juanita Munoz, Appellants, v. The CITY OF PEARSALL, Appellee.

Court of Appeals of Texas, San Antonio.

August 22, 2001.

Attorney(s) appearing for the Case

John H. Patterson, Jr., Manuel P. Montez, San Antonio, for Appellants.

Dawn L. Carmody, Law Office of Dawn L. Carmody, San Antonio, for Appellee.

Sitting: RICKHOFF, STONE, and DUNCAN, JJ.

Opinion by STONE, Justice.

Enrique and Juanita Munoz appeal from the rendition of summary judgment for the City of Pearsall on their personal injury suit. We affirm.

Background

Early in the afternoon of November 17, 1995, a Pearsall police officer saw a railroad crossing arm—one that regulated westbound traffic on Comal Street—lying in the road; the officer removed it. About an hour later, another police officer saw that the eastbound...

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