Wiley v. City of Lubbock

REYNOLDS, Chief Justice.

Leon Wiley, individually and as next friend of his minor daughter, Paula Gail Wiley, seeks the reversal of an adverse take-nothing summary judgment. The judgment was rendered in Wiley’s action to hold the City of Lubbock liable in damages for, in the main, the City’s negligence proximately causing an accident injuring Paula Gail. Absent a duty imposed on and owed by the City to the Wileys, the existence and violation of which is a necessary predicate for the City’s pleaded liability, the judgment must be affirmed.

On or about 25 January 1977, five-year-old Paula Gail,…