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CAPSHAW v. TEXAS DEPT. OF TRANSP.

No. 08-97-00204-CV.

988 S.W.2d 943 (1999)

Christopher R. CAPSHAW, as personal representative of the Estate of Becky M. Capshaw, Individually and as Next Friend of Christopher Russell Capshaw, Jr. and Jonathan David Capshaw, minor children, Appellant, v. TEXAS DEPARTMENT OF TRANSPORTATION, f/k/a State Department of Highways and Public Transportation and City of El Paso, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled May 12, 1999.

Attorney(s) appearing for the Case

R. Wayne Pritchard, Brandys Carson & Pritchard, P.C., El Paso, for appellant.

Chris M. Borunda, Laura P. Gordon, Asst. City Attys., Charlie F. McNabb, City Atty., El Paso, Susan E. Wells, Susan Desmarais Bonnen, Asst. Attys. Gen., Transp. Div., Austin, for appellees.

Before Panel No. 4 BARAJAS, C.J., LARSEN, and McCLURE, JJ.

OPINION

SUSAN LARSEN, Justice.

Becky Capshaw was killed in an automobile accident in El Paso, Texas on June 8, 1994. Her family sued Danny Herman Trucking, Inc., the Texas Department of Transportation f/k/a State Department of Highways and Public Transportation ("TxDOT"), and the City of El Paso ("City") for wrongful death. The City and TxDOT moved for summary judgment, based on sovereign immunity.1 The trial court granted...

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