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SEM v. STATE

No. 2-90-040-CV.

821 S.W.2d 411 (1991)

Than SEM and Ly Sem, Appellants, v. The STATE of Texas and the Texas State Department of Highways and Public Transportation, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled January 28, 1992.

Attorney(s) appearing for the Case

David W. Holman, Larry P. Boyd, Fisher, Gallagher, Perrin & Lewis, Houston, for appellants.

Bradley C. Poulos, Sandra Liser, Cantey & Hanger, Fort Worth, for appellees.

Before HILL, LATTIMORE and DAY, JJ.

OPINION

LATTIMORE, Justice.

The issue in this appeal from summary judgment is whether the State may be liable for negligent exercise of control over its independent contractor which proximately caused the death of the contractor's employee. We conclude it may be liable, and reverse and remand for trial.

Tex-Sun Construction Company, Inc. contracted with the Texas State Department of Highways and Public...

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