Allen v. City of Midlothian

OPINION

CUMMINGS, Justice.

Billy Ray Allen appeals a final summary judgment rendered in favor of appellees, City of Midlothian, Texas, Robert G. Powers, and June Smith (hereafter referred to either individually or collectively as Defendants). Allen brings a single point of error — that the trial court erred in granting Defendants’ motion for summary judgment where genuine issues of material fact were demonstrated and where Defendants failed to establish their entitlement to judgment as a matter of law. We affirm in part and reverse and remand in part.

On April 14, 1989, Billy Ray Allen, injured…