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STANFORD v. STATE DEPT OF HIGHWAYS, ETC.

No. 21046.

635 S.W.2d 581 (1982)

Jack L. STANFORD, et al., Appellant, v. STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Denied July 6, 1982.

Attorney(s) appearing for the Case

James W. Mills, III, Office of Windle Turley, Dallas, for appellant.

Delmar L. Cain, Asst. Atty. Gen., Austin, for appellee.

Before ROBERTSON, STOREY and GUILLOT, JJ.

GUILLOT, Justice.

This is an appeal from a summary judgment. The suit by appellant was for damages sustained in an accident on July 4th, 1978, when an automobile, driven by one of appellant's daughters, approached an overpass in Seagoville, Texas, drifted left, and plunged twenty-six feet, killing another daughter and seriously injuring the driver. The appellant alleged that the failure of the appellee to provide guardrails was a breach of the non-discretionary duty...

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