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STATE v. ZACHARY

No. 09-91-060 CV.

824 S.W.2d 813 (1992)

STATE of Texas DEPARTMENT OF HIGHWAYS AND PUBLIC TRANPORTATION, Appellant, v. Jane Etta ZACHARY, et al., Appellees.

Court of Appeals of Texas, Beaumont.

Rehearing Denied March 12, 1992.

Attorney(s) appearing for the Case

Don B. Morgan, Asst. Atty. Gen., Austin, for appellant.

Kenneth W. Lewis, Don Bush, Bush Lewis Ramsey & Roebuck, Beaumont, for appellees.

Before WALKER, C.J., and BROOKSHIRE and BURGESS, JJ.

OPINION

WALKER, Chief Justice.

This appeal comes to us from the 60th Judicial District Court of Jefferson County, Texas, Honorable Gary Sanderson, Judge Presiding.

Jane Etta Zachary, for herself, the Estate of Merrick Zachary and as Next Friend of her four children, brought suit against the State Department of Highways and Public Transportation, W.H. Marmion and Modern Steel Building, Inc. for the death of Merrick Zachary from injuries received in...

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