Davis v. City of San Antonio

KILGARLIN, Justice.

The principal issue in this malicious prosecution case is whether the City of San Antonio waived the defense of governmental immunity by failing to affirmatively plead it. After the trial court rendered judgment n.o.v. for the City, the court of appeals affirmed, holding that the City was immune from liability to its former employee, Morris E. Davis, despite the failure to plead the defense of governmental immunity. 739 S.W.2d 394. We hold the defense was waived and therefore reverse the judgment of the court of appeals.

Morris E. Davis served for many years as a…