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TEXAS DEPT. OF TRANSP. v. RAMIREZ

No. 03-00-00594-CV.

72 S.W.3d 376 (2001)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Cecilia M. RAMIREZ, Individually, as Next Friend of Cynthia Cecilia Ramirez and Melinda Amanda Ramirez, Minors; and as Heir of the Estate of Ruben Armando Ramirez, Sr., Deceased; Ruben Armando Ramirez, Jr., Individually and as Heir of the Estate of Ruben Armando Ramirez, Sr., Deceased; and Rene Ramirez, Individually and as Heir of the Estate of Ruben Armando Ramirez, Sr., Deceased, Appellees.

Court of Appeals of Texas, Austin.

April 5, 2001.

Attorney(s) appearing for the Case

Rick Thompson, David B. Strain, Office of the Attorney General, Austin, for appellant.

Price Ainsworth, Francis Y. Pan, Spivey & Ainsworth, P.C., Austin, for appellees.

Before ABOUSSIE, C.J., YEAKEL and PATTERSON, JJ.

JAN P. PATTERSON, Justice.

After a fatal automobile collision on Interstate Highway 35, family members of Ruben Ramirez, Sr. ("appellees") brought a negligence action against the Texas Department of Transportation ("the Department"), asserting a premises defect claim under the Texas Tort Claims Act ("the Act").1 The Department brings this interlocutory appeal from a district court order denying its plea to the jurisdiction. See...

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