HYNES v. STATE

No. 12-92-00216-CV.

855 S.W.2d 731 (1993)

Bill & Susan HYNES, Individually & as Next Friends for Julie Elizabeth Hynes, a Minor, v. The STATE of Texas.

Court of Appeals of Texas, Tyler.

Opinion Overruling Motion for Rehearing May 14, 1993.

Rehearing Overruled July 8, 1993.


Attorney(s) appearing for the Case

Michael L. Atkinson, Conroe, for appellant.

Grady Click, Asst. Atty. Gen., Austin, for appellee.

Before RAMEY, C.J., and BILL BASS and HOLCOMB, JJ.


RAMEY, Chief Justice.

Appellants ("Hynes") appeal from a summary judgment granted in favor of Appellee State of Texas ("State"). We will reverse the summary judgment and remand the case to the trial court.

The facts giving rise to the instant lawsuit are briefly as follows: On August 4, 1989, upon exiting Sam's Wholesale Club's (Sam's) parking lot onto State Highway Loop 323 in Tyler, Texas, Jerry Slayton's Oldsmobile in which Julie Hynes was a passenger was...

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