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DURHAM v. BOWIE COUNTY

No. 06-03-00058-CV.

135 S.W.3d 294 (2004)

Velma DURHAM, Individually and as Administratrix of the Estate of Annie Durham, Deceased, and Ricky Foster, Individually and as Administrator of The Estate of Tonya Foster, Deceased, Appellants v. BOWIE COUNTY, Texas, Appellee.

Court of Appeals of Texas, Texarkana.

Decided April 21, 2004.

Attorney(s) appearing for the Case

Joe B. Young, Patton, Nix & Young, LLP, Longview, for Appellants.

Troy A. Hornsby, Miller, James, Miller & Hornsby, LLP, Texarkana, for Appellee.

Before MORRISS, C.J., ROSS and CARTER, JJ.

OPINION

Opinion by Chief Justice MORRISS.

On February 16, 2001, promptly after a flood-induced chasm in Bowie County Road 4121 was discovered, warning signs were placed at the site by County employees. The next day, approximately one hour after the warning signs were removed—without the County's knowledge— by some unknown third party, Annie Durham and Tonya Foster were killed when their car fell...

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