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TEXAS DEPT. OF MENTAL HEALTH AND MENTAL RETADATION v. PETTY

No. 3-90-002-CV.

817 S.W.2d 707 (1991)

TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETADATION, Appellant, v. Opal PETTY, By and Through Her Next Friends, and Linda KAUFFMAN and Herbert Clinton Denson, as Next Friends of Opal Petty, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled November 27, 1991.

Attorney(s) appearing for the Case

Toni Hunter, Asst. Atty. Gen., Austin, for appellant.

Deborah C. Hiser, and James C. Harrington, Austin, for appellees and cross-appellants.

Before POWERS, ABOUSSIE and KIDD, JJ.

POWERS, Justice.

Opal Petty, through her "next friends" Herbert Clinton Denson and Linda Kauffman, sued the Texas Department of Mental Health and Mental Retardation to recover damages for personal injuries that Ms. Petty allegedly suffered as a result of the negligence of Department employees. Ms. Petty recovered a judgment against the Department in the amount of $250,000. Both the Department and Ms. Petty appeal. We will affirm the trial-court judgment.

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