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CARPENTER v. BARNER

No. 10-89-039-CV.

797 S.W.2d 99 (1990)

Mark CARPENTER and Johnson County, Appellants, v. Rodney BARNER, Individually and as Next Friend for Adam Jake Barner, a Minor; Renee Barner, Individually and as Next Friend for Adam Jake Barner, a Minor; and Adam Jake Barner, a Minor, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Denied July 26, 1990.

Attorney(s) appearing for the Case

Paul Peebles, Peebles, Betty & Brantley, Stephen L. Tatum, Thompson & Knight, and Catherine Jane Adler, Fort Worth, and Dale Hanna, County Atty., Cleburne, for appellants.

Mark A. Nacol and Michael P. Wortham, Mark A. Nacol and Associates, P.C., Dallas, for appellees.

OPINION

THOMAS, Chief Justice.

At 12:45 A.M. on July 27, 1986, Johnson County Constable Mark Carpenter stopped a Dodge Ram Charger because its taillights were not operating. While both vehicles were stopped on the paved shoulder of Interstate 35, a car driven by Jimmy Ranspot struck Carpenter's car and the left side of the Dodge. Rodney Barner, who was attempting to repair the taillight fuse under the dashboard of the Dodge, was severely injured in the collision...

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