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STATE DEPT. OF HWYS. & PUB. TRANSP. v. CITY OF TIMPSON

No. 12-89-00028-CV.

795 S.W.2d 24 (1990)

STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant, v. CITY OF TIMPSON, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled September 14, 1990.

Attorney(s) appearing for the Case

Mark Mann, Henderson, Grady Click, Patricia M. Charlton, Austin, for appellant.

John R. Smith, Center, for appellee.

BILL BASS, Justice.

This is a personal injury action before us for the second time. We affirm the judgment.

Pruitt was seriously injured when his motorcycle struck a pothole in State Highway 59 inside the city limits of Timpson. Pruitt sued both the State and the City. The State filed a cross-action for contribution against the City. During the first trial after Pruitt rested, the City settled with Pruitt for $10,000, and the trial court dismissed his action...

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