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DURBIN v. CITY OF WINNSBORO

No. 06-03-00046-CV.

135 S.W.3d 317 (2004)

David DURBIN, Brenda Davis, Individually, and Brenda Davis, as Next Friend of Brenda Durbin, Appellants, v. CITY OF WINNSBORO, Appellee.

Court of Appeals of Texas, Texarkana.

Decided April 29, 2004.

Attorney(s) appearing for the Case

Clay M. Johnson, Coy Johnson, Johnson Law Firm, PC, Sulphur Springs, TX, for appellant.

Darren K. Coleman, Boon, Shavers, Echols & Coleman, PLLC, Longview, TX, for appellee.

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

OPINION

Opinion by Justice ROSS.

Jimmy Durbin died in a motorcycle accident while being pursued by Winnsboro city police officer Tony Browning. Jimmy's parents, David Durbin and Brenda Davis, and minor daughter, Brenda Durbin (collectively, the Durbins), brought suit against Browning for wrongful death and against the City of Winnsboro (Winnsboro) under respondeat superior and negligent entrustment, and seeking exemplary damages. The Durbins alleged in their...

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