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MARTINEZ v. CITY OF ABILENE

No. 11-97-009-CV.

963 S.W.2d 559 (1998)

Marjorie MARTINEZ, Individually and on Behalf of the Estate of David Clish, Deceased, Appellant, v. The CITY OF ABILENE, Appellee.

Court of Appeals of Texas, Eastland.

February 5, 1998.

Attorney(s) appearing for the Case

Roy Longacre, Wagstaff, Alvis, Stubbeman, Seamster & Longacre, Abilene, for appellant.

Sharon Hicks, Victor Carrillo, City Attorney's Office, Abilene, David LaBrec, Katie Anderson, Strasburger & Price, Dallas, for appellee.

DICKENSON, WRIGHT, JJ., and McCLOUD, Senior Justice.

OPINION

AUSTIN McCLOUD, Senior Justice (Retired).

Marjorie Martinez, individually, and as representative of the Estate of David Clish, sued the City of Abilene for the wrongful death of her son, David Clish. The City filed special exceptions to plaintiff's pleadings, urging that Martinez failed to plead facts to support a cause of action under TEX. CIV. PRAC. & REM. CODE ANN. § 101.021 et seq. (Vernon...

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