Texas Supreme Court

The City of Gladewater, Petitioners v. Harold Pike, Sr., Respondents

April 1, 198730 Tex. Sup. Ct. J. 322

Summary

The Texas Supreme Court held that the evidence supported a finding of negligence and liability for actual damages against the City of Gladewater, but reversed the award of exemplary damages because the plaintiff failed to show intentional, willful, or grossly negligent conduct attributable to the municipal governing body. The Court also articulated a two‑prong test for recovering punitive damages from a municipality acting in a proprietary capacity.