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TEXAS DEPT. OF TRANSP. v. ABLE

No. 01-96-01471-CV.

981 S.W.2d 765 (1998)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Luke W. ABLE; Ben Dees and George Hans Knoll, Coexecutors of the Estate of Margaret Able, Deceased; Ramona Lee Dees; and Sylvia Jane Knoll, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled December 21, 1998.

Attorney(s) appearing for the Case

Charles M. Ratliff, Houston, for appellant.

David L. Monroe, Houston, for appellees.

Before MIRABAL, TAFT and EVANS, JJ.

OPINION

FRANK G. EVANS, Justice (Retired).

The principle issue in this case is whether a state agency, the Texas Department of Transportation ("TxDot") is liable under the Texas Tort Claims Act for the negligence of an employee of another public entity, the Metropolitan Transit Authority ("Metro"), by virtue of having engaged in a joint enterprise with Metro for the operation and maintenance of a public transportation system. We conclude that TxDot is legally...

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