Shade v. City of Dallas

OPINION

CHAPMAN, Justice.

Raymond Shade (Shade) appeals from a summary judgment rendered in favor of the City of Dallas (the City). In two points of error, he contends that the trial court erred in granting the City’s motion for summary judgment and in denying his motion for partial summary judgment. We reverse and remand.

FACTS

This case involves sewage backup into a home. Shade built his home in Dallas, Texas, after the City’s main sewer line was already in place. Shade connected his private sewer line into the City’s main for service. Shade experienced sewage backup into his home in 1975 and…