Carrales v. City of Kingsville

McDONALD, Chief Justice.

This is an appeal from a summary judgment that plaintiffs Carrales take nothing.

Plaintiffs filed suit for damages against defendant City on account of the death of their 2 year old son, who drowned when he fell into a City water meter hole which was left uncovered by City employees.

Defendant City filed motion for summary judgment on the ground that plaintiff had failed to give the City notice as required by the City’s Ordinance and which is a condition precedent to liability of the City.

The Trial Court granted defendant City’s motion and entered judgment that…