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STATE DEPT. OF HIGHWAYS v. COTNER

No. 10-91-051-CV.

826 S.W.2d 692 (1992)

STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Appellant, v. Cherie R. COTNER, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied April 1, 1992.

Attorney(s) appearing for the Case

Richard Mason, Asst. Attys. Gen., Austin, for appellant.

Robert J. Glasgow and Sam Taylor, Stephenville, Jerry Murad, Fort Worth, Andrew Ottaway, Granbury, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

VANCE, Justice.

We must decide if the monetary limitation on the State's liability for damages for personal injuries, contained in the Texas Tort Claims Act, should be applied to a plaintiff's damages before or after the comparative-negligence percentages found by the jury are applied to determine the State's right to contribution from a "contribution defendant."

Stephen and Cherie Cotner, husband and wife, were injured when their car, driven...

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