All of these cases arefact bound, but I will submit to you: Vaquera v. Salas, 810 S.W.2d 456 (Tex.App. - San Antonio 1991, writ denied) which is a case I LOST. In that case, the police department was absolved of liability despite having a cop stop a drunk driver, and letting him go, and who went on to maim my client. Hello. Does not clear and present danger have any meaning? Not in Texas. Not when it come to a governmental entity.

Govenmental immunity challegenges have been the better part of my carreer. Dont' get me started. See City of San Antonio v. Rodriguez, 810 S.W.2d 405 (Tex.App. - San Antonio 1991) reversed, City of San Antonio v. Rodriguez, 828 S.W.2d 417 (Tex. 1992). City of San Antonio v. Rodriguez, 856 S.W.2d 552 (Tex.App. - San Antonio 1993, writ denied) following grant of writ and argument.

Yes, I got the largest verdict in history against a municipality, but the law has changed. In any disaster event, do not look for compensation when any govenmetal entity screws up.

Yes, there is some authority to the contrary in Califormia, but the tide has turened, and I would not count on that being good law.

Wecome to the PHRASECENSOREDPOSTERSHOULDKNOWBETTER. Revolution. Oops. Political. Spank me.

But to cut to the chase on this thing, I have had cases where there were decades of governmental neglect of infrastructure upgrades, as in NO, but sorry folks, it is not actionable in a civil court in the majority of states.

I digress. I am somewhat passionate on this subject. Governmental inaction pisses me off.