Donna Banda and Robyn Worthen v. City of Galveston

Opinion to: SJR TGT SN TJ EVK ERA GCH LCH JB

Opinion issued September 14, 2006

In The

Court of Appeals

For The

First District of Texas

NO. 01-05-00331-CV

DONNA BANDA AND ROBYN WORTHEN, Appellants

V

CITY OF GALVESTON, Appellee

On Appeal from the 10th District Court

Galveston County, Texas

Trial Court Cause No. 00-CV-0576

DISSENTING OPINION

I respectfully dissent. I believe appellants Donna Banda and her daughter, Robyn Worthen (collectively, “the homeowners”) have clearly presented evidence sufficient to raise a material fact issue as to whether the City of Galveston (“the City”) was negligent when its…