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HARDING v. KAUFMAN COUNTY

No. 12-02-00304-CV.

119 S.W.3d 428 (2003)

Norman HARDING, Jr., Individually and On Behalf of The Estate of Nicole Harding, Deceased, Appellant, v. KAUFMAN COUNTY, Appellee.

Court of Appeals of Texas, Tyler.

August 29, 2003.

Attorney(s) appearing for the Case

Andrew B. Sommerman, Sommerman, Moore & Quesada, L.L.P., Dallas, for appellant.

Robert S. Davis, Cooper, Flowers, Fraser & Derryberry, Tyler, Christi J. Kennedy, for appellee.

Panel consisted of GRIFFITH, J., DeVASTO, J., and BILL BASS, Retired Justice, Twelfth Court of Appeals, TYLER sitting by assignment.

OPINION

BILL BASS, Justice.

Norman Harding, Jr., individually and on behalf of the estate of Nicole Harding, deceased, sued Kaufman County under the Texas Tort Claims Act alleging that a special defect on a road owned and maintained by the County was a proximate cause of Nicole's death.1 The County's traditional motion for summary judgment alleged 1) that the condition of the road in question was not a special defect,...

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