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SMITH v. STATE

No. 08-85-00277-CV.

716 S.W.2d 177 (1986)

Lee Alexander SMITH, et al., Appellants, v. The STATE of Texas, et al., Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Denied October 8, 1986.

Attorney(s) appearing for the Case

Russell H. McMains, Edwards, McMains, Constant & Terry, Corpus Christi, for appellants.

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

Before STEPHEN F. PRESLAR, C.J., Retired, OSBORN, C.J., and SCHULTE, J.

OPINION

OSBORN, Chief Justice.

This is an appeal which involves the effect of special issue findings in a Texas Tort Claim Act case involving the slick surface of a highway which resulted in the collision of two trucks and the death of both drivers. Based upon jury findings, the trial court entered judgment for the State of Texas. We affirm.

In June, 1975, the State Highway Department resurfaced a part of Highway 290 in Crockett County. After the...

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