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DEADMON v. DALLAS AREA RAPID TRANSIT

No. 05-09-01415-CV.

347 S.W.3d 442 (2011)

Clifton DEADMON, Appellant, v. DALLAS AREA RAPID TRANSIT, Appellee.

Court of Appeals of Texas, Dallas.

August 11, 2011.

Attorney(s) appearing for the Case

Noemi A. Collie , Noemi A. Collie, P.C., Dallas, TX, for Appellant.

Higinio (Gene) Gamez , Assistant General Counsel, Dallas Area Rapid Trans., Dallas, TX, for Appellee.

Before Justices MOSELEY, BRIDGES, and O'NEILL.

OPINION

Opinion By Justice MOSELEY.

Clifton Deadmon appeals the trial court's order granting Dallas Area Rapid Transit's plea to the jurisdiction and motion to dismiss the case with prejudice. In a single issue, he contends the trial court erred by granting DART's plea to the jurisdiction because DART waived its governmental immunity by asserting section 101.106 of the Texas Civil Practice and Remedies Code as a ground for dismissing one of its employees...

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