City Texarkana v. Amos Nard

This is a suit under the provisions of the Texas Tort Claims Act for personal injury and property damage as a result of an intersection collision. Amos Nard, plaintiff below, brought suit against the City of Texarkana and Marvin Watson, defendants below, alleging that he suffered personal injuries and property damage as a result of an automobile collision proximately caused by the negligence of Marvin Watson. He further alleged that the City of Texarkana was also guilty of negligence proximately causing the collision in failing to repair a malfunctioning signal light at the intersection where the collision occurred. The City of Texarkana answered with a general denial and a plea of contributory negligence on the part of both Nard and Watson. Further, the City denied liability on the ground that neither of the claimants had given the City notice of their claims within the 60-day period required by the City Charter. Defendant, Marvin Watson, is not a party to this appeal and therefore it will not be necessary to delineate his answer.