“City” gorilla

January 23, 2013

  • 268 Municipal Corporations
  • 268XII Torts
  • 268XII(E) Condition or Use of Public Buildings and Other Property
  • 268k851 k. Parks and Public Squares and Places.

268 Municipal CorporationsPatrons’ allegations that city used gorilla as an attraction to generate revenue satisfied the requirement that city put the gorilla “into action or service” and employed the gorilla for “a given purpose,” and patrons’ allegations that gorilla escaped from this outdoor exhibit at zoo and attacked and injured them satisfied the requirement that the “property must have been directly involved in an actionable injury,” and thus, patrons alleged a use of personal property, as required for waiver of governmental immunity under Tort Claims Act.
City Of Dallas v. Heard, 252 S.W.3d 98 (Tex. App. 2008)
Suggested by Robert Blair; Westlaw Account Manager; Jackson, MS