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CUDDY v. TEXAS DEPT. OF CORRECTIONS

No. B1899.

578 S.W.2d 522 (1979)

Walter CUDDY, Appellant, v. TEXAS DEPARTMENT OF CORRECTIONS et al., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied March 21, 1979.

Attorney(s) appearing for the Case

Alfred W. Ellis, Woodruff & Ellis, Dallas, for appellant.

John L. Hill, Atty. Gen., Jack Sparks, Robert Bickerstaff, Jr., Asst. Attys. Gen., Austin, for appellees.

Steve O. McManus, Kilgore, Cole & McManus, Victoria, W. T. Bennett, Bennett & Keeling, Huntsville, amicus curiae.

J. CURTISS BROWN, Chief Justice.

Plaintiff's personal injury suit against the Texas Department of Corrections was dismissed on the pleadings alone pursuant to a plea in abatement based on governmental immunity. The contention on appeal is that this case came within the parameters of permissible recovery allowed by the Texas Tort Claims Act.

Walter Cuddy, (Cuddy or appellant), a prisoner in the Huntsville Division of the Texas Department of Corrections (appellee...

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