Johnson v. City of Fort Worth

This cause concerns whether a question of statutory construction can be a fact issue that precludes summary judgment. The trial court granted summary judgment based on a statute of repose, section 16.008 of the Civil Practice and Remedies Code. 1 The court of appeals reversed, holding that a fact issue had been raised as to whether section 16.061 of the Civil Practice and Remedies Code prevented section 16.008 from operating against a city’s claim for contribution. 765 S.W.2d 558. We reverse the judgment of the court of appeals.

In March of 1985, Paula Helene Payne visited the Fort Worth Water…