Legal Opinion

Miller v. City of Fort Worth

Court of Appeals of Texas

Decided February 14, 1995No. 2-93-196-CVPublishedCited by 5 opinions

1Opinion of the Court

OPINION

WEAVER, Justice.

The City of Fort Worth (the “City”) was sued for damages resulting from death caused by its alleged failure to install a traffic control device at a street intersection. The principal issues presented are whether a cause of action to recover such damages under the Texas Wrongful Death Act (“WDA”) 1 is barred by the City’s defense of governmental immunity, and whether the City, even if not liable under the WDA, is nevertheless liable for limited damages under the Texas Tort Claims Act (“TCA”). 2

Appellants (the “Millers”) sued the City for damages resulting from the death…

2Cases cited15 opinions

  1. Duhart v. StateTexas Supreme Court · 1980
  2. Sparkman v. MaxwellTexas Supreme Court · 1975
  3. Shives v. State, Texas Court of Appeals, 8th District (El Paso)1987
  4. Harmes v. Arklatex Corp.Texas Supreme Court · 1981
  5. Zambory v. City of Dallas, Texas Court of Appeals, 5th District (Dallas)1992

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3Cited by5 opinions

  1. City of Fort Worth v. RoblesCourt of Appeals of Texas · 2001
  2. Brown v. Texas Department of Transportation & Cameron County, Texas Court of Appeals, 13th District2000
  3. Texas Department of Transportation v. Arzate, Texas Court of Appeals, 8th District (El Paso)2004
  4. Brown, Charlene Mills, Individually, Clifton Linwood Brown, Individually and as Legal Representatives of the Estate of Nolan Barrett Brown, and Jeff Farrington, Intervenor v. Texas Department of Transportation and County of Cameron, Texas Court of Appeals, 13th District2000
  5. Texas Department of Transportation v. Librado Arzate, Texas Court of Appeals, 8th District (El Paso)2004

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