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STATE EX REL. DEPT. OF PARKS v. SHUMAKE

No. 03-03-00111-CV.

131 S.W.3d 66 (2003)

The STATE of Texas Acting through the TEXAS DEPARTMENT OF PARKS AND WILDLIFE and the Texas Department of Parks and Wildlife, Appellants, v. Ricky SHUMAKE and Sandra Shumake, Individually and as Personal Representative of the Estate of Kayla Shumake, Deceased, Appellees.

Court of Appeals of Texas, Austin.

Supplemental Opinion Overruling Rehearing and Rehearing April 15, 2004.

Attorney(s) appearing for the Case

S. Ronald Keister, Assistant Attorney General, Tort Litigation Division, Austin, for appellants.

Ricky J. Poole, Les Mendelsohn, Les Mendelsohn & Associates, P.C., San Antonio, Michael H. Ratliff, Assistant Attorney General, Transportation Department, Austin, for appellees.

Before Justices KIDD, B.A. SMITH and PURYEAR.

Supplemental Opinion Overruling Rehearing and Rehearing En Banc April 15, 2004.

OPINION

BEA ANN SMITH, Justice.

A child drowned in a man-made culvert while swimming in the Blanco River in Blanco State Park. Her parents, Ricky and Sandra Shumake, brought suit against The State of Texas, acting through the Texas Department of Parks and Wildlife, and the Texas Department of Parks and Wildlife (collectively the "Parks Department") for their daughter...

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