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UNIVERSITY OF TEXAS-PAN AMER. v. VALDEZ

No. 13-92-022-CV.

869 S.W.2d 446 (1993)

The UNIVERSITY OF TEXAS-PAN AMERICAN, Appellant, v. Mario Alberto VALDEZ, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Overruled December 29, 1993.

Attorney(s) appearing for the Case

David Allan Smith, Asst. Atty. Gen., Dan Morales, Atty. Gen., Mary F. Keller, Deputy Asst. Atty. Gen., Delmar L. Cain, Asst. Atty. Gen., Will Pryor, First Asst. Atty. Gen., Austin, for appellant.

Jesus Ramirez, Jose R. Guerrero, Montalvo & Ramirez, McAllen, for appellee.

Before SEERDEN, C.J., and KENNEDY, and FEDERICO G. HINOJOSA, Jr., JJ.

OPINION

SEERDEN, Chief Justice.

Mario Valdez sued the University of Texas-Pan American ("the University") under the Texas Tort Claims Act to recover damages for personal injuries he sustained during a baseball game at the University baseball field. A jury found that Mr. Valdez's injuries were caused 60% by the negligence of the University and 40% by his own negligence. The trial court rendered judgment in Mr. Valdez's favor for $129,000 plus prejudgment...

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