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  5. 752 S.W.2d 598 (1988)
 

STATE DEPT. OF HWYS. & PUB. TRANSP. v. PRUITT

No. 12-87-00101-CV.

752 S.W.2d 598 (1988)

STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant, v. Clinton Douglas PRUITT, Appellee.

Court of Appeals of Texas, Tyler.

March 31, 1988.

Attorney(s) appearing for the Case

Patricia M. Charlton, Asst. Atty. Gen., Austin, for appellant.

Mark Mann, Wellborn, Houston, Adkison & Mann, Henderson, John R. Smith, Center, for appellee.

BILL BASS, Justice.

This is a personal injury action. We reverse and remand.

Clinton Pruitt suffered serious injuries when his motorcycle struck a pot hole on State Highway 59 in the city of Timpson, flipped over, and sent Pruitt skidding a long distance down the pavement on his stomach.

Pruitt brought suit under the Texas Tort Claims Act against both the State and the city of Timpson. The State filed a cross-action against the City for contribution...

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