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STATE DEPT. OF HIGHWAYS v. COTNER

No. D-2360.

845 S.W.2d 818 (1993)

STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Petitioner, v. Stephen COTNER and Cherie R. Cotner, Respondents.

Supreme Court of Texas.

January 20, 1993.

Attorney(s) appearing for the Case

Edward A. Jeffords, Richard Mason, Dan Morales, Austin, for petitioner.

Jerry Murad, Fort Worth, Robert J. Glasgow, Stephenville, Andrew Ottaway, Granbury, for respondents.

PER CURIAM.

Cherie Cotner was a passenger in a car driven by her husband Stephen when it went out of control on an allegedly icedover bridge. The Cotners sued the State Department of Highways and Public Transportation claiming, among other things, that the State failed to warn of a dangerous condition. A jury found Stephen and the State both negligent and equally responsible for the accident, and assessed damages of $5,750,000.00 for Cherie, $35,000.00 for Stephen...

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