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PARKER v. MILLER

No. 01-92-00052-CV.

860 S.W.2d 452 (1993)

Jeanette PARKER, as Next Friend of Larry Fann, N.C.M. and as Legal Guardian of the Person and the Estate of Larry Fann, Appellant, v. Gary E. MILLER, M.D., Commissioner, Department of the Mental Health and Mental Retardation, Jimmy R. Haskins, Superintendent, Brenham State School; Rex Fuller, M.D., Physician, Brenham State School; John Sessums, M.D., Physician, Brenham State School; Glen Davis, M.D., Physician, Brenham State School; Dorothy Antkowiak, Supervisor, Brenham State School, Brenda Hrnicko, Supervisor, Brenham State School; Georgia Daniels, Acting Dorm Charge, Brenham State School; Geraldine Weigelt, Assistant, Brenham State School; Deborah Genz, Assistant, Brenham State School; Calvin Hubert, Assistant, Brenham State School; Joyce Sontag, Assistant, Brenham State School; in their individual Capacity and Official Capacity; Brenham State School; and the Texas Department of Mental Health and Mental Retardation, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied September 16, 1993.

Attorney(s) appearing for the Case

Neal H. Paster, James F. Tyson, Neal H. Paster & Associates, Houston, for appellant.

Norberto Flores, Austin, for appellees.

Before OLIVER-PARROT, C.J., and COHEN and MIRABAL, JJ.

OPINION

OLIVER-PARROTT, Chief Justice.

This is an appeal in a personal injury suit. The jury found appellees not liable for the injuries to Larry Fann, the real party in interest. Based on the jury findings, the trial court awarded a take-nothing judgment to Fann. We affirm.

On August 29, 1985, Fann, was injured while a client of the Brenham State School (the School). He was assaulted by Charles Williams, another client who had a history of violent...

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