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VILLEGAS v. TEXAS DEPART. OF TRANSP.

No. 04-02-00619-CV.

120 S.W.3d 26 (2003)

Maria Elsa VILLEGAS, Lorenzo Villegas, Jr., and Lynnette Villegas, Individually, and on behalf of the Estate of Lorenzo Villegas, Deceased; and Lourdes Sosa and Flaudio Sosa, Individually and as next friends of Fabiola Sosa, Lourdes Maria Sosa, and Elizabeth Sosa, Minor Children, Appellants, v. TEXAS DEPARTMENT OF TRANSPORTATION AND REKCA, INC., Appellees.

Court of Appeals of Texas, San Antonio.

August 13, 2003.

Attorney(s) appearing for the Case

Price Ainsworth, Francis Pan, Spivey & Ainsworth, P.C., Kelly Weiss, Austin, for appellants.

Randall W. Hill, Asst. Atty. Gen., Transportation Division, Austin, Victor V. Vicinaiz, Roerig, Oliveira & Fisher, L.L.P., McAllen, for appellees.

Sitting: ALMA L. LÓPEZ, Chief Justice, KAREN ANGELINI, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by PHYLIS J. SPEEDLIN, Justice.

Maria Elsa Villegas, Lorenzo Villegas, Jr., and Lynnette Villegas, individually and on behalf of the Estate of Lorenzo Villegas, deceased, (the "Villegases") and Lourdes Sosa and Flaudio Sosa, individually and as next friends of Fabiola Sosa, Lourdes Maria Sosa, and Elizabeth Sosa (the "Sosas") appeal the trial court's summary judgment granted in favor of codefendant, Texas Department of Transportation ("TxDOT...

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