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SCHUMATE v. THOMPSON

No. 17275.

580 S.W.2d 47 (1979)

John SCHUMATE, Individually and as next friend of Cary Schumate, Appellant, v. Katie THOMPSON, Appellee.

Court of Civil Appeals of Texas, Houston (1st District.).

Rehearing Denied April 12, 1979.

Attorney(s) appearing for the Case

Miller, Gann & Perdue, John W. Turner, Houston, for appellant.

Wyckoff, Russell, Dunn & Frazier, Robert L. Adams and James G. Sargent, Houston, for appellee.

Before COLEMAN, C. J., and WARREN and DOYLE, JJ.

WARREN, Justice.

This is an appeal from a summary judgment rendered against a parent who sued a school teacher for personal injuries sustained by his son while playing during recess.

Cary Schumate, the son of appellant, attended a school for the mentally retarded in the Cypress Fairbanks School District. According to plaintiff, in February 1976, the appellee, Katie Thompson, who was Cary's teacher, instructed the...

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