Indemnity Insurance Co. v. City of Garland

OPINION

Opinion by

Justice LANG-MIERS.

Appellee’s motion for rehearing is denied. We withdraw our opinion of April 4, 2008. This is now the opinion of the Court.

Indemnity Insurance Company appeals the trial court’s order granting the City of Garland’s motion for summary judgment and dismissing Indemnity’s claims against the City. We reverse the judgment and remand this case to the trial court.

Factual and Procedural Background

The underlying event giving rise to Indemnity’s lawsuit was an accident involving a City truck driven by a City employee named John Calvin Morrow that resulted in injuries…