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ELLIOTT v. STATE

No. 04-91-00183-CV.

818 S.W.2d 71 (1991)

Bessie ELLIOTT, Individually and as Administratrix of the Estate of Charles Elliott, Deceased, et al., Appellants, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Denied October 15, 1991.

Attorney(s) appearing for the Case

Les Mendelsohn, Ricky Poole, Speiser, Krause, Madole & Mendelsohn, Mata, San Antonio, for appellants.

Norberto Flores, Asst. Atty. Gen., Tort Litigation Div., Austin, for appellee.

Before REEVES, C.J., and BUTTS and GARCIA, JJ.

OPINION

BUTTS, Justice.

Charles Elliott drowned in Braunig Lake when he fell out of his motorboat. His wife and children brought wrongful death and survival actions against the State alleging that his drowning was the proximate result of negligent acts and omissions of Oscar R. Correa, a law enforcement officer for the Parks and Wildlife Department. Summary judgment was granted in favor of the State. We affirm.

Officer Correa stopped Elliott's boat...

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