Zambory v. City of Dallas

OPINION

BURNETT, Justice.

George R. Zambory, individually and as limited guardian of the person and estate of Bruce Wayne Zambory, Teresa M. Zam-bory, and Bruce Wayne Zambory appeal a summary judgment granted for the City of Dallas. In one point of error, Zambory asserts that the trial court erred in granting summary judgment for the City because it construed Zambory’s cause of action as one based on the City’s failure to perform a discretionary act that is barred by the Texas Tort Claims Act or governmental immunity. We sustain Zambory’s point of error. We reverse the trial court’s judgment.…