STATE v. WOLLESEN

No. 03-01-00553-CV.

93 S.W.3d 910 (2002)

STATE of Texas, Appellant, v. Travis WOLLESEN and Susan Wollesen, Individually and on Behalf of the Estate of Catherine Wollesen, Deceased, Appellees.

Court of Appeals of Texas, Austin.

December 19, 2002.


Attorney(s) appearing for the Case

Randall K. Hill, Assistant Attorney General, Austin, for appellant.

Michael D. Hudgins, Hudgins, Hudgins & Warrick, P.C., Chad Matthews, Sanes & Matthews, Houston, for appellees.

Before Justices KIDD, PATTERSON and PURYEAR.


DAVID PURYEAR, Justice.

The State appeals from a judgment based on a jury verdict in a wrongful death suit. On appeal, the State contends the trial court erred by giving an improper jury charge and by overruling its motion for judgment notwithstanding the verdict. We will affirm.

BACKGROUND

On April 30, 1999, Catherine Wollesen was driving north on U.S. Highway 77 entering the City of Giddings. The Texas Department of Transportation ("TxDOT") had...

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