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CREEK v. DEPT. OF HWYS. & PUBLIC TRANSP.

No. C14-90-00957-CV.

826 S.W.2d 797 (1992)

William L. CREEK, Jr. and Beverly Ann Creek, Individually and as Representatives of the Estate of Crystal Dawn Creek, Decedent, Appellants, v. The TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANPORTATION, Appellee.

Court of Appeals of Texas, Houston (14th Dist).

Rehearing Denied April 23, 1992.

Attorney(s) appearing for the Case

Kevin Dubose, D'Lisa R. Simmons, Houston, for appellants.

Ronald E. Garner, Austin, for appellee.

Before ROBERTSON, SEARS and DRAUGHN, JJ.

OPINION

ROBERTSON, Justice.

This is a premise defect case under the Texas Tort Claims Act concerning an automobile accident at a rural intersection where a traffic control sign was in a down condition. Trial was to the jury and, upon a failure to find that the state had notice of the condition of the sign, the trial court entered judgment for the state. The primary issue before us concerns the propriety of the...

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