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STATE v. BURRIS

No. D-3800.

877 S.W.2d 298 (1994)

The STATE of Texas and the State Department of Highways and Public Transportation (Now Texas Department Of Transportation), Petitioners, v. Fara Goulas BURRIS, as next friend of Erin Brook Burris, and as administratrix of the Estate of Mark Herman Burris, Deceased, Respondent.

Supreme Court of Texas.

May 11, 1994.

Attorney(s) appearing for the Case

Frederick A. Hawkins, Dan Morales, Austin, for petitioners.

Jeff Branick, Beaumont, for respondent.

PER CURIAM.

The principal question in this case is whether a car illegally turning onto a highway or momentarily stopped on it can be a premises defect or special defect, which the state must warn against. The court of appeals answered "yes". 876 S.W.2d 163. We disagree.

The parties stipulated to the operative facts, which are as follows. Late one afternoon Mark Burris was driving his truck in the outside lane of a four...

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