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DUHART v. STATE

No. 5417.

598 S.W.2d 679 (1980)

Roberta DUHART et al., Appellants, v. The STATE of Texas, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied May 15, 1980.

Attorney(s) appearing for the Case

B. Mills Latham, Corpus Christi, for appellants.

Joe D. Jarrard, Jr., Asst. Atty. Gen., Austin, for appellee.

DICKENSON, Justice.

The question presented is whether the State of Texas has waived its sovereign immunity as to a suit for gross negligence causing the wrongful death of a highway department employee. We hold that the State has not waived its sovereign immunity as to this claim for exemplary damages.

The widow and children of Thomas James Duhart, Deceased, sued the State for exemplary damages in the amount of $200,000.00. Duhart was employed by the State...

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