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ESTATE OF LINDBURG v. MT. PLEASANT I.S.D.

No. 9553.

746 S.W.2d 257 (1987)

ESTATE OF Misty Dawn LINDBURG, Appellant, v. MOUNT PLEASANT INDEPENDENT SCHOOL DISTRICT and John Gullion, Appellees.

Court of Appeals of Texas, Texarkana.

Rehearing Denied February 23, 1988.

Attorney(s) appearing for the Case

Randell C. Roberts, Bruce L. Roberts, Loftis & Roberts, Tyler, for appellant.

Robert Weber, Atchley, Russell, Waldrop & Hlavinka, Texarkana, for appellees.

GRANT, Justice.

The estate of Misty Dawn Lindburg (hereinafter referred to as "the estate") brought a negligence action against Mount Pleasant Independent School District and school bus driver John Gullion. The suit was brought under the Texas Tort Claims Act, which allows recovery for injuries resulting from the use and operation of a motor vehicle. Tex.Civ.Prac. & Rem.Code Ann. § 101.001 et seq. (Vernon 1986).

The estate contends that the trial...

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