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CITY OF ARLINGTON v. WHITAKER

No. 2-97-109-CV.

977 S.W.2d 742 (1998)

CITY OF ARLINGTON, Texas, Appellant, v. Lawrence WHITAKER and Dianne Whitaker, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled August 31, 1998.

Attorney(s) appearing for the Case

Cantey & Hanger, L.L.P., Sloan B. Blair, John C. Stewart, Kevin C. Norton, Fort Worth, for Appellant.

The Law Offices of Joseph E. Ashmore, Jr., P.C., C. Gregory Shamoun, Howard J., Dallas, for Appellee.

Before DAY, LIVINGSTON and BRIGHAM, JJ.

OPINION

WILLIAM BRIGHAM, Justice.

The City of Arlington (City) challenges a judgment rendered on a jury verdict for Appellees Lawrence and Dianne Whitaker in a wrongful death and survival action. This case requires us to determine whether the emergency exception in the Texas Tort Claims Act supplants the City's duty under the Act to adequately warn of special defects.1 We hold that it does in this case, thereby preserving the...

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