OPINION
COHEN, Justice.
Robert Staples, Jr. and Mary Ann Brannon sued the State of Texas, the Texas Department of Public Safety, and its employee, John Gordon Leake ("the State") for injuries from an automobile accident. Brannon was a passenger in Staples' car; Leake was driving a vehicle in the course of his employment. The jury found that Staples was 90 percent responsible for the collision
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