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BURNETT v. TEXAS HIGHWAY DEPT.

No. 11-84-251-CV.

694 S.W.2d 210 (1985)

Sylvia BURNETT et al., Appellants, v. TEXAS HIGHWAY DEPARTMENT, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied July 25, 1985.

Attorney(s) appearing for the Case

Alfonso L. Melendez, El Paso, for appellants.

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

OPINION

DICKENSON, Justice.

A large truck-tractor moved to its left in order to avoid a vehicle which was traveling in the same direction and which started to change lanes before its driver saw the truck. The truck hit the metal beam guard fence which was in the median separating east bound traffic from west bound traffic. The truck came through the guard fence and struck a passenger vehicle which was approaching from the opposite direction. The driver

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