Morris E. Davis, Petitioner v. City of San Antonio, Respondent

Summary

The Texas Supreme Court held that the City of San Antonio waived its governmental immunity defense by failing to affirmatively plead it, reversed the Court of Appeals, and remanded for a judgment in favor of Morris E. Davis consistent with the jury verdict. The Court also found sufficient evidence to support the malicious prosecution claim. Justice Gonzalez filed a concurring and dissenting opinion, agreeing on the waiver but criticizing the majority's refusal to remand for the City's insufficiency cross‑points.