Liberty Mutual Insurance Co. Ex Rel. Migura v. City of Fort Worth

OPINION

SPURLOCK, Justice.

This is a suit brought by appellant, Liberty Mutual Insurance Company, by way of subrogation under the name of its insured, Daniil E. Migura, Jr., to recover for its payment to Migura for property damage to his vehicle. Migura will be referred to as plaintiff and the City of Fort Worth will be referred to as defendant.

Plaintiff was unable to obtain service on some of the defendants, the cause of action as to another defendant was dismissed, and plaintiff has abandoned his suit against all defendants except the City of Fort Worth.

This Court has heretofore held that…