David Winsman v. City of Austin

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-95-00030-CV

David Winsman, Appellant

v.

City of Austin, Appellee

FROM THE COUNTY COURT AT LAW NO. 1 OF TRAVIS COUNTY

NO. 216,901, HONORABLE STEVE RUSSELL, JUDGE PRESIDING

Appellant David Winsman sued appellee City of Austin for property damage sustained when a sewer pipe operated and maintained by the City collapsed and raw sewage flowed into his home. The trial court granted summary judgment in favor of the City, and Winsman appeals. We will reverse in part and affirm in part the trial court's judgment.

Standard of Review

In reviewing a summary…