City of La Porte v. Prince
Justice Vance concurs with the award of actual damages but dissents from the majority's decision to affirm exemplary damages against the City of La Porte, arguing a lack of clear governmental immunity waiver. The opinion emphasizes the distinction between governmental and proprietary municipal functions, noting that the Texas Tort Claims Act, which governs governmental functions, does not authorize recovery of exemplary damages. Vance cites various legal precedents and statutory provisions, including the workers' compensation statute, to support the argument that no specific and express waiver for exemplary damages exists for governmental functions, particularly in cases involving city employment and workers' compensation claims. The dissent concludes that the judgment should be reformed to eliminate exemplary damages.