City of Columbus v. Barnstone

OPINION ON REHEARING

WILSON, Justice.

We grant appellant’s motion for rehearing, withdraw our previous opinion and judgment, and substitute the following. We deny appellant’s request for en banc reconsideration as moot.

Appellant, the City of Columbus (the City), appeals the denial of its motion for summary judgment, pursuant to Tex.Civ.PRAC. & Rem. Code Ann. § 51.014(5) (Vernon Supp.1995). Appellee, George Bamstone, brought suit against the City for damages stemming from personal injuries he suffered in a head-on automobile collision with a drunk driver, Laura Ellis. The City, in its motion for…