Borne v. City of Garland

McCLUNG, Justice.

Appellant, Borne, appeals a summary judgment in favor of the City of Garland in a suit for personal injuries brought against the City by Borne. For the reason set out below, we reverse the judgment and remand the cause to the trial court.

Borne alleges that he was injured by electric shock when he came into contact with an underground power cable belonging to Garland Power and Light, a department of the City of Garland.

Garland is a home rule city existing under article XI, section 5 of the Texas Constitution and, as such, has full power of local self-government, subject to the…