Legal Opinion

Martinez v. City of Abilene

Texas Court of Appeals, 11th District (Eastland)

Decided February 5, 1998No. 11-97-009-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

AUSTIN McCLOUD, Senior Justice (Retired).

Marjorie Martinez, individually, and as representative of the Estate of David Clish, sued the City of Abilene for the wrongful death of her son, David Clish. The City filed special exceptions to plaintiff’s pleadings, urging that Martinez failed to plead facts to support a cause of action under TEX. CIV. PRAC. & REM. CODE ANN. § 101.021 et seq. (Vernon 1997 & Supp.1998). Plaintiff refused to replead, and the trial court dismissed plaintiffs suit. Martinez appeals. We affirm.

Plaintiff alleged that David, who suffered from schizophrenia,…

2Cases cited10 opinions

  1. University of Texas Medical Branch v. YorkTexas Supreme Court · 1994
  2. Kassen v. HatleyTexas Supreme Court · 1994
  3. Salcedo v. El Paso Hospital DistrictTexas Supreme Court · 1983
  4. Dear v. City of Irving, Texas Court of Appeals, 3rd District (Austin)1995
  5. Clawson v. Wharton County, Texas Court of Appeals, 13th District1997

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3Cited by7 opinions

  1. Sawyer v. Texas Department of Criminal Justice, Texas Court of Appeals, 1st District (Houston)1999
  2. Axtell v. University of Texas at Austin, Texas Court of Appeals, 3rd District (Austin)2002
  3. Cherry v. Texas Department of Criminal Justice, Texas Court of Appeals, 6th District (Texarkana)1998
  4. City of Dallas v. Diane Sanchez, Texas Court of Appeals, 5th District (Dallas)2014
  5. Ali R. Ondemir v. Bexar County Clerk and Bexar Appraisal District, Texas Court of Appeals, 4th District (San Antonio)2001

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