BENNACK FLYING SERVICE, INC., Appellant,
v.
Dagoberto BALBOA, et al., Appellees.
Texas Dusting Service, Inc., Appellant,
v.
Kathryn Stanford, et al., Appellees.
Court of Appeals of Texas, Corpus Christi.https://leagle.com/images/logo.png
June 24, 1999.
Rehearing Overruled August 12, 1999.
Attorney(s) appearing for the Case
R. Matt Lair, Ron A. Sprague, Gendry & Sprague, San Antonio, for appellant.
Charlie J. Cilfone, Tom Lockhart, Roger W. Hughes, Adams & Graham, Harlingen, Macey Reasoner Stokes, Baker & Botts, Frank A. Monago, Brit T. Brown, Beirne, Maynard & Parsons, Houston, Karl W. Koen, L. Mark McMillon, Grau & Bassett, Dallas, Edward A. Stapleton, III, Stapleton, Livesay & Cowen, Brownsville, J. Thomas Rhodes, III, Lyons & Rhodes, San Antonio, Keith C. Livesay, Livesay & Cowen, Pharr, Ramon Garcia, Ilene Peralez, Law Offices of Ramon Garcia, Edinburg, for appellees.
Hugh P. Touchy, Willette, Guerra & Trevino, Brownsville, David R. Poage, Macey Reasoner Stokes, Baker & Botts, Houston, amicus curiae.
Before Justices DORSEY, HINOJOSA, and RODRIGUEZ.
Court of Appeals of Texas, Corpus Christi.
OPINION
Opinion by Justice HINOJOSA.
In cause no. 13-98-392-CV, appellees, Dagoberto Balboa ("Balboa") and his wife Ascension Balboa, sued appellant, Bennack Flying Service, Inc. ("Bennack") and others1 for injuries Balboa allegedly suffered from exposure to pesticides sprayed on cotton fields. Bennack filed a motion for summary judgment asserting official immunity, but the motion was denied by the trial court.
In cause...
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