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STATE, DEPT. OF HUMAN SERVICES v. PENN

No. 09-88-306 CV.

786 S.W.2d 28 (1990)

STATE of Texas, TEXAS DEPARTMENT OF HUMAN SERVICES, Appellant, v. Michelle Reneé PENN, et al., Appellee.

Court of Appeals of Texas, Beaumont.

Rehearing Denied March 14, 1990.

As Corrected February 22, 1990.

Attorney(s) appearing for the Case

Jack W. Smith, Asst. Atty. Gen., Austin, for appellant.

John H. Seale, Seale, Stover, Coffield, Gatlin & Bisbey, Jasper, for appellee.

OPINION

WALKER, Chief Justice.

This appeal stems from a judgment in a civil action. Appellee initiated the suit claiming entitlement to worker's compensation death benefits. The decedent, Barbara Jean Penn, was seriously injured in a traffic accident on June 25, 1987 at approximately 8:00 a.m. Ms. Penn died of her injuries on July 8, 1987. The appellee is one of her two surviving minor children. At the time of the accident, Ms. Penn was in her personal automobile...

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