LUTHER v. TEXAS PARKS AND WILDLIFE DEPT.

No. 07-93-0033-CV.

863 S.W.2d 788 (1993)

Joel LUTHER and Danny Prestridge, Appellants, v. TEXAS PARKS AND WILDLIFE DEPARTMENT, Appellee.

Court of Appeals of Texas, Amarillo.

October 25, 1993.


Attorney(s) appearing for the Case

Conant Whittenburg Whittenburg & Schachter PC, Charles G. White, Susana Watkins, Amarillo, for appellants.

Atty. Gen., Peter B. Plotts, III, Austin, for appellee.

Before DODSON, BOYD and POFF, JJ.


POFF, Justice.

Appellants Joel Luther and Danny Prestridge were injured when the air mattress on which they were floating was hit by a speedboat on Lake MacKenzie. Appellants sued the driver of the boat, the MacKenzie Municipal Water Authority (MacKenzie), and the Texas Parks and Wildlife Department (TPWD). Summary judgment was granted in favor of TPWD and the cause of action against TPWD was severed. By three points of error, appellants appeal the trial court's order...

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