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STATE DEPT. OF HWYS. & PUBLIC TRANSP. v. PAYNE

No. 01-88-00875-CV.

781 S.W.2d 318 (1989)

STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant, v. Kenneth Herschel PAYNE and Rhonda Payne, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied December 15, 1989.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen., Mary F. Keller, First Asst. Atty. Gen., Lou McCreary, Executive Asst. Atty. Gen., Richard D. Naylor, Asst. Atty. Gen. Chief, Highway Div., Randy Hill, Asst. Atty. Gen., Highway Div., Austin, for appellant.

John L. Pierce, II, Navasota, Samuel J. Lee, II, Angleton, for appellees.

Before WARREN, COHEN and O'CONNOR, JJ.

OPINION

COHEN, Justice.

In November 1984, Mr. Payne suffered knee injuries after he fell into a culvert built and maintained by the State Department of Highways and Public Transportation ("the State"). The culvert was concealed by vegetation, and reflectors marking its location had been removed or obscured. Payne alleged the State failed to correct the dangerous condition or warn of its location. He sued pursuant...

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