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CHAVEZ v. CITY OF SAN ANTONIO, ETC.

No. 04-99-00350-CV.

21 S.W.3d 435 (2000)

Juan Pablo CHAVEZ, Maria Raquel Chavez, Individually and as Next Friends of Juan Pablo Chavez, Jr., Francisco J. Chavez and Edna Chavez, Minors, Appellants, v. CITY OF SAN ANTONIO by and through CITY PUBLIC SERVICE BOARD OF SAN ANTONIO, Appellee.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled April 19, 2000.

Attorney(s) appearing for the Case

Larry Zinn, San Antonio, Abraham Moss, Corpus Christi, for Appellant.

Richard C. Danysh, Bracewell & Patterson, L.L.P., Judith R. Blakeway, Strasburger & Price, L.L.P., San Antonio, for Appellee.

Sitting: TOM RICKHOFF, Justice, CATHERINE STONE, Justice, PAUL W. GREEN, Justice.

OPINION

Opinion by: PAUL W. GREEN, Justice.

This is a personal injury case. The appellants sued the appellee, City Public Service Board of San Antonio (CPS), for damages Juan Pablo Chavez (Chavez) sustained when a tree limb he was trimming fell on a high voltage overhead power line. The trial court granted CPS's motion for summary judgment based on the indemnity provision in Tex. Health & Safety Code Ann. § 752.008 (Vernon 1992). Specifically, the...

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