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TEXAS DEPARTMENT OF CORRECTIONS v. HERRING

No. B-4341.

513 S.W.2d 6 (1974)

TEXAS DEPARTMENT OF CORRECTIONS, Petitioner, v. James W. HERRING, Respondent.

Supreme Court of Texas.

Rehearing Denied September 24, 1974.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Jack Sparks, Asst. Atty. Gen., Austin, for petitioner.

Moore, Morris & Payne, Louis M. Moore, Houston, for respondent.

SAM D. JOHNSON, Justice.

Suit for damages brought under the Texas Tort Claims Act.1 James W. Herring brought this action for personal injuries against the Texas Department of Corrections. The trial court held that, as a matter of law, Herring did not have a cause of action under the Texas Tort Claims Act and rendered a take-nothing summary judgment with prejudice. The court of civil appeals reversed and remanded. 500 S...

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