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B. Summary Judgment
In his final issue, Culbertson argues that summary judgment was improper because the
trial court improperly granted the City’s motion for summary judgment in favor of the City,
rather than the City’s motion for summary judgment in favor of Culbertson. In so arguing,
Culbertson contends that the motion for summary judgment filed by the City and the County
was substantively identical and, therefore, the trial court should have granted the City’s motion
for summary judgment and denied the County’s motion. However, we note that the motions
submitted to the trial court by the City and the County were not substantively identical. The
City’s motion was titled “Plaintiff’s Motion for Summary Judgment,” and stated:
Pursuant to Rule 166a of the Texas Rules of Civil Procedure, Plaintiff City of Dallas
respectfully moves the Court for Summary Judgment on the issue of liability
against it and against Defendant Curtis Culbertson. Plaintiff City of Dallas contends
that it is entitled to summary judgment because there is no evidence that the
injuries and damages suffered by Billy Kirk are attributable to any action, fault or
wrongdoing by Plaintiff City of Dallas. Plaintiff City of Dallas contends that as a
matter of law it cannot be held liable for any alleged acts of negligence by the ac619d1d87
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