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TEXAS DEPT. OF HUMAN RESOURCES v. ORR

No. 14691.

730 S.W.2d 435 (1987)

TEXAS DEPARTMENT OF HUMAN RESOURCES, Appellant, v. Robin M. ORR and Candace D. Orr, Individually and on Behalf of the Estate of Erica D. Orr, Deceased, Appellees.

Court of Appeals of Texas, Austin.

May 6, 1987.

Attorney(s) appearing for the Case

Tommy Jacks, Austin, for appellant.

Jim Mattox, Atty. Gen., Richard L. Webb, Charles S. Black, Jr., Asst. Attys. Gen., Austin, for Texas Dept. of Human Resources.

Before SHANNON, C.J., and BRADY and ABOUSSIE, JJ.

SHANNON, Chief Justice.

Erica Orr, a small child, drowned on September 15, 1980, in a swimming pool at a child care center. Her parents, Robin and Candace Orr, filed a wrongful death and survival suit in the district court of Bell County against Erna Walker and the Texas Department of Human Resources (the agency) to recover individually and as representatives of the estate of the child. After trial to a jury, the district court rendered judgment for the Orrs against...

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