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TEXAS PARKS AND WILDLIFE DEPT. v. WILSON

No. 03-97-00520-CV

991 S.W.2d 93 (1999)

TEXAS PARKS AND WILDLIFE DEPARTMENT, Appellant, v. Lila WILSON, as Surviving Wife of Wilford Wilson and Janet Denise Wilson Belz, Debra Kay Wilson, Mary Ann Wilson Yancy and Tamara Lee Wilson, as Surviving Children of Wilford Wilson, Deceased; and Lydia Mae Wilson, Individually, and as Independent Executrix of the Estate of Wilton Guendell Wilson, Deceased, and Angela Gayle Wilson Kramm and Curtis Dale Wilson, Surviving Children of Wilton Guendell Wilson, Deceased, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled March 25, 1999.

Attorney(s) appearing for the Case

John Cornyn, Attorney General, S. Ronald Keister, Assistant Attorney General, Austin, for Appellant.

Jay L. Winckler, Winckler & Harvey, L.L.P., Austin, for Lila Wilson.

Will S. Moursund, Moursund, Moursund, Moursund & Moursund, Round Mountain, Jim Dear, Law Offices of Jim Dear, P.C., Dripping Springs, for Lydia Mae Wilson, et al.

Before Chief Justice ABOUSSIE, Justices JONES and YEAKEL.

LEE YEAKEL, Justice.

This is a wrongful death and survival case brought against appellant Texas Parks and Wildlife Department (the Department) pursuant to the Texas Torts Claims Act. See Tex. Civ. Prac. & Rem. Code Ann. §§ 71.001-.011 (wrongful death statute), .021 (survival statute), 101.001.109 (Texas Tort Claims Act) (West 1997 & Supp.1998).1 A jury found the Department liable for the deaths of two brothers...

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