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TEXAS DEPT. OF TRANSP. v. ABILEZ

No. 10-96-252-CV.

962 S.W.2d 246 (1998)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Leonard ABILEZ and Wife, Judy Abilez, and Sharon Thayer and Richard Thayer, Individually and as The Representatives of The Estates of April Abilez and Traci Thayer, Respectively, Appellees.

Court of Appeals of Texas, Waco.

Rehearing Overruled March 11, 1998.

Attorney(s) appearing for the Case

Alan L. Grundy, Asst. Atty. Gen., Transp. Div., Austin, for appellees.

Timothy F. Lee, Ware, Snow, Fogel, Jackson & Greene, Houston, Roger Knight, Jr., Roger Knight, Jr., Inc., Madisonville, for appellees.

Before DAVIS, C.J., and CUMMINGS and VANCE, JJ.

OPINION

VANCE, Justice.

In December 1994, April Abilez and Traci Thayer drowned in Mustang Creek after their car, driven by Abilez, left Farm to Market Road 978 in Madison County during heavy rains. The women's parents ("Appellees") brought a premises liability suit against the Texas Department of Transportation (TxDOT) asserting that the women were not warned of the dangerous condition of FM 978 and that the high water swept or forced the car off the road...

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