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CITY OF DAYTON v. GATES

No. 09-03-310 CV.

126 S.W.3d 288 (2004)

CITY OF DAYTON, Texas, and Dayton Volunteer Fire Department, Inc., Appellants, v. Mark GATES and Sue Gates, Appellees.

Court of Appeals of Texas, Beaumont.

Decided January 8, 2004.

Attorney(s) appearing for the Case

William S. Helfand, Norman Ray Giles, Magenheim, Bateman & Helfand, P.L.L.C., Houston, for appellants.

Paul D. Clote, Jennifer R. Tillison, Kevin Dubose, Alexander Dubose Jones & Townsend, LLP, Houston, for appellees.

Before McKEITHEN, C.J., BURGESS and DAVID B. GAULTNEY, JJ.

OPINION

DAVID B. GAULTNEY, Justice.

Mark Gates and Sue Gates sued the City of Dayton, the Dayton Volunteer Fire Department, Inc., Liberty County, and Emzey Joe Wisegerber, Sr., a volunteer assistant fire chief, for damages resulting from a motor vehicle accident.1 The trial court denied a plea to the jurisdiction filed by the City and the Fire Department. The issue is whether...

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