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STATE DEPT. HIGHWAYS v. PAYNE

No. C-9343.

838 S.W.2d 235 (1992)

STATE DEPARTMENT OF HIGHWAYS & PUBLIC TRANSPORTATION, Petitioner, v. Kenneth Herschel PAYNE et ux., Respondents.

Supreme Court of Texas.

Rehearing Overruled September 23, 1992.

Dissenting Opinion on Second Motion for Rehearing December 22, 1992.

Attorney(s) appearing for the Case

Dan Morales, Randy Hill, Austin, for petitioner.

John L. Pierce, II, Navasota, Samuel J. Lee, II, Angleton, for respondents.

OPINION ON MOTION FOR REHEARING

HECHT, Justice.

On motion for rehearing, our opinion of September 11, 1991, is withdrawn, and the following is now the opinion of the Court.

Kenneth Payne and his wife sued the State Department of Highways and Public Transportation to recover damages for injuries which he sustained when he walked off the end of a culvert built and maintained by the State. A jury found that Payne's injuries were caused 60% by the negligence...

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