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TEXAS PARKS AND WILDLIFE DEPT. v. DAVIS

No. 03-97-00805-CV.

988 S.W.2d 370 (1999)

TEXAS PARKS AND WILDLIFE DEPARTMENT, Appellant, v. Ernest Ray DAVIS, Jr., Appellee.

Court of Appeals of Texas, Austin.

March 11, 1999.

Attorney(s) appearing for the Case

Nichelle A. Turner, Asst. Atty. Gen., Tort Litigation Division, Austin, for Appellant.

Terry Weldon, Law Offices of Terry Weldon, Austin, for Appellee.

Before Chief Justice ABOUSSIE, Justices B.A. SMITH and POWERS.

ON MOTION FOR REHEARING

MARILYN ABOUSSIE, Chief Justice.

The opinion and judgment filed herein on December 10, 1998, are withdrawn, and the following opinion is issued in lieu of the original one.

Appellee, Ernest Ray Davis, Jr., sued appellant, Texas Parks and Wildlife Department (the "Department"), for personal injuries he sustained when a concrete bench collapsed under him at Inks Lake State Park, which...

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