Vela v. City of McAllen

OPINION SEERDEN, Chief Justice.

This is an appeal from an order granting summary judgment in favor of appellee, the City of McAllen. By two points of error, appellant, Roel Vela, complains: (1) the trial court erred in granting summary judgment without first addressing the City’s special exceptions, and (2) the trial court erred in granting summary judgment on the basis that the City is protected by sovereign immunity. We reverse in part and remand.

In July 1991, bystanders found appellant lying on the pavement in front of a bus station in McAllen, Texas and called an ambulance. Emergency…