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TEXAS DEPT. OF TRANSP. v. O'MALLEY

No. 13-97-754-CV.

28 S.W.3d 652 (2000)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Kevin O'MALLEY, next friend of Steven Losolla, Elizabeth Losolla, Nicole Losolla, and Lorenzo Losolla, minor children, and Emma Jean Losolla, Appellees.

Court of Appeals of Texas, Corpus Christi.

August 10, 2000.

Attorney(s) appearing for the Case

Richard Mason, Asst. Atty. Gen., Highway Division, Austin, for appellant.

Ronnie L. Agnew, Lubbock, for appellee.

Before Chief Justice SEERDEN and Justices HINOJOSA and YAÑEZ.

OPINION

Opinion by Justice HINOJOSA.

Appellant, Texas Department of Transportation ("TxDOT"), appeals from the trial court's finding of a special defect under the Texas Tort Claims Act, a jury verdict in favor of appellees, Kevin O'Malley, Next Friend of Steven Losolla, Elizabeth Losolla, Nicole Losolla, and Lorenzo Losolla, Minor Children, and Emma Jean Losolla, and the trial court's denial of its motion...

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