TEXAS DEPT. OF TRANSP. v. HORROCKS

No. 05-91-01806-CV.

841 S.W.2d 413 (1992)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Jimmy Lynn HORROCKS and Beatriz Horrocks, Appellees.

Court of Appeals of Texas, Dallas.

Rehearing Denied October 26, 1992.


Attorney(s) appearing for the Case

Edward A. Jeffords, Austin, for appellant.

Bruce A. Pauley, Rowlett, for appellees.

Before ENOCH, C.J., and DIAL and WHITHAM, JJ.


OPINION

ENOCH, Chief Justice.

The Texas Department of Transportation (the State) appeals from a jury verdict in favor of Jimmy Lynn Horrocks and his wife, Beatriz Horrocks, (the Horrocks) under the Texas Tort Claims Act. We reverse and render.

FACTUAL BACKGROUND

On October 19, 1988, Jimmy Horrocks, a police officer, positioned his motorcycle off the roadway behind a guardrail on the median facing west on Interstate 20 in Grand Prairie,...

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