Tamayo ex rel. Tamayo v. City of Harlingen

OPINION

YOUNG, Justice.

This appeal involves the right to recover exemplary damages against the city by the surviving children of a city employee killed while in the course of his employment. Aurora G. Tamayo, as next friend to the children (appellants) of Gerónimo Tamayo, Jr., the decedent, brought suit seeking exemplary damages against the City of Harlingen, a municipal corporation (appellee). Summary judgment in favor of the city was granted by the trial court. We affirm.

The facts are undisputed. Gerónimo Ta-mayo, Jr., an employee of the City of Har-lingen, was killed by inhalation of a…