City of Dallas v. Brown

GUITTARD, Justice.

Plaintiff Billy Brown was injured in course of his employment by defendant City of Dallas, which had no statutory workmen’s compensation coverage. He sued for damages under the Texas Tort Claims Act, alleging negligence of a fellow employee. The principal question is whether a finding of contributory negligence bars his recovery. We hold that it does.

Brown was a helper on a garbage truck operated by the city sanitation department. As the truck started forward in a narrow alley it caught and crushed him between the truck body and a utility pole. The jury found that the…