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COUNTY OF HIDALGO v. BROWN

No. 13-99-774-CV.

79 S.W.3d 721 (2002)

COUNTY OF HIDALGO, Appellant, v. Adam BROWN and Emma Brown, Appellees.

Court of Appeals of Texas, Corpus Christi.

June 13, 2002.

Attorney(s) appearing for the Case

Cesar A. Amador, Willette, Guerra & Trevino, Brownsville, Mark Sossi, Roberto D. `Bobby' Guerra, Willette & Guerra, L.L.P., McAllen, for appellant.

Adolfo `Al' Alvarez, Jesus Villalobos, Jr., Villalobos & Villalobos, McAllen.

Before Justices DORSEY, CASTILLO, and CANTU.

OPINION

ERRLINDA CASTILLO, Justice.

Appellant, the County of Hidalgo, appeals from a jury verdict in favor of the appellees, Adam and Emma Brown. Adam Brown was injured in an automobile accident while trespassing on private property, when his jeep fell off the side of a drainage ditch created by the county pursuant to an easement. The cause of action was submitted to the jury under the theory of premise defect, under the Tort Claims Act. In five points of...

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