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WILDERMUTH v. PARKER COUNTY

No. 2-98-393-CV.

1 S.W.3d 705 (1999)

Kevin WILDERMUTH, Individually and as Parent and Next Friend of Stephen Wildermuth and as Heir and Death Beneficiary of Christopher Wildermuth; Jan Lapress, Individually and as Next Friend of Jennifer Mansell Ertl f/k/a Jennifer Mansell; Jennifer Mansell Ertl f/k/a Jennifer Mansell, Appellants, v. PARKER COUNTY, Texas, Appellee.

Court of Appeals of Texas, Fort Worth.

July 8, 1999.

Attorney(s) appearing for the Case

Law Office of Stephen W. Mitchell, P.C., Stephen W. Mitchell, Hurst, for Appellant.

Blaies & Hightower, L.L.P., Gregory P. Blaies and Grant D. Blaies, Fort Worth, for Appellee.

Panel A: CAYCE, C.J.; DAY and DAUPHINOT, JJ.

OPINION

JOHN CAYCE, Chief Justice.

This summary judgment appeal requires us to decide whether small trees and brush along a county road in Parker County, Texas, constitutes a special defect under the Texas Tort Claims Act (the Act). We hold that such a condition is not a special defect under the facts of this case and will affirm.

BACKGROUND

On July 14, 1994, Kevin Wildermuth was driving his pick-up truck southbound on Old Agnes Road, County...

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