VILLARREAL v. STATE

No. 05-90-00916-CV.

810 S.W.2d 419 (1991)

Elpidio G. VILLARREAL, as Next Friend of Joseph E. Villarreal, A Minor Child and as Administrator of the Estate of Pauline Villarreal, Deceased, and Joseph E. Villarreal, Appellants, v. The STATE of Texas (State Department of Highways and Public Transportation), City of Dallas and Kenneth Lee Kresin, Jointly and Severally, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied June 6, 1991.


Attorney(s) appearing for the Case

Gary T. Maclnnis, Austin, for appellants.

Randy Hill, Austin, John E. Kirby, Dallas, for appellees.

Before ENOCH, C.J., and CHADICK and CARVER, JJ.


OPINION

ENOCH, Chief Justice.

This is an appeal from a take-nothing judgment in favor of the State of Texas and the City of Dallas rendered in a suit for damages for the death of Pauline Villarreal. The trial court directed a verdict in favor of the State and the City, finding that the omitted signage at issue was discretionary and therefore outside the application of the Tort Claims Act. We affirm the judgment of the trial court.

FACTS

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