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HAYES v. PATRICK

No. 2-01-256-CV.

71 S.W.3d 516 (2002)

Randall Joe HAYES and State of Texas Parks and Wildlife Department, Appellants, v. Keith PATRICK, Appellee.

Court of Appeals of Texas, Fort Worth.

March 7, 2002.

Attorney(s) appearing for the Case

John Cornyn, Attorney General of Texas; Howard G. Baldwin, Jr., First Assistant Attorney General; Jeffrey S. Boyd, Deputy Attorney General for Litigation; Nelly R. Herrera, Chief, Tort Litigation Division; S. Ronald Keister and Cherie K. Batsel, Assistant Attorneys General, Tort Litigation Division, Austin, Texas, Attorney for Appellant.

Denbow, Wade, Bradford & Wade and Michael Wade, Fort Worth, Texas, Attorney for Appellee.

Panel B: DAY and LIVINGSTON, JJ.; and DAVID L. RICHARDS, J. (Sitting by Assignment.).

OPINION

TERRIE LIVINGSTON, Justice.

INTRODUCTION

Keith Patrick (Patrick) sued Game Warden Randall Joe Hayes (Hayes) and the State of Texas Parks and Wildlife Department (TPWD) for negligence. Hayes and TPWD (appellants) jointly moved for summary judgment asserting the affirmative defenses of official immunity and sovereign immunity. The trial court denied the motion, and we affirmed. Hayes v. Patrick,

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