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CITY OF SAN ANTONIO v. HAMILTON

No. 04-85-00474-CV.

714 S.W.2d 372 (1986)

The CITY OF SAN ANTONIO, Appellant, v. Cynthia HAMILTON, Individually and as Administratrix of the Estate of Dawn Patrice Hamilton, and Pat Hamilton, Individually, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Denied July 31, 1986.

Attorney(s) appearing for the Case

Paula Dlugosz, San Antonio, for appellant.

Robert D. Huerta, San Antonio, Don Prager, Fort Worth, Marvin B. Zimmerman, San Antonio, for appellees.

Before ESQUIVEL, TIJERINA and DIAL, JJ.

OPINION

TIJERINA, Justice.

This cause concerns a survival and wrongful death action filed against the City of San Antonio as a result of the drowning of appellees' adult daughter at a low water crossing during a flash flood. The jury verdict was favorable for appellees, but, found that Dawn Hamilton, and the City of San Antonio were each fifty (50%) percent negligent in causing the accident. The trial court originally disregarded the jury verdict, ruling...

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