Turvey v. City of Houston

BARROW, Justice.

Petitioner, Leroy K. Turvey, brought this suit against the City of Houston to recover damages for his personal injuries sustained when the vehicle he was operating struck a hole in a street within the City. The question presented is whether he may maintain an action under the Texas Tort Claims Act, article 6252-19, Tex.Rev.Civ.Stat.Ann., against the City for negligence arising from a proprietary function.1

The trial court rendered judgment on the jury verdict for Turvey. The court of civil appeals reversed and rendered a take-nothing judgment. It held that a claim for a tort…