DUHART v. STATE

No. B-9563.

610 S.W.2d 740 (1980)

Roberta DUHART et al., Petitioners, v. The STATE of Texas, Respondent.

Supreme Court of Texas.

December 31, 1980.


Attorney(s) appearing for the Case

Latham & Patterson, B. Mills Latham, Corpus Christi, for petitioners.

Mark White, Atty. Gen., Joe D. Jarrard, Jr., Asst. Atty. Gen., Austin, for respondent.


BARROW, Justice.

The widow and children of Thomas James Duhart, deceased, sued the State for exemplary damages. State claimed sovereign immunity and filed a Special Exception and a Plea in Abatement which were sustained. The trial court dismissed the cause for want of jurisdiction after plaintiffs refused to amend. The court of civil appeals affirmed the judgment of the trial court. 598 S.W.2d 679. The question presented is whether...

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