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BLEVINS v. TEXAS DEPT. OF TRANSP.

No. 03-0510.

140 S.W.3d 337 (2004)

Roy Franklin BLEVINS and Bonnie Blevins, as Next Friends for Michelle and Michael Blevins, Minors, Petitioners, v. TEXAS DEPARTMENT OF TRANSPORTATION, Respondent.

Supreme Court of Texas.

July 9, 2004.

Attorney(s) appearing for the Case

Stephen Briley, Sheri Marie Cravens, Banner Briley & White, L.L.P., Wichita Falls, for petitioner.

Greg Abbott, Jeffrey S. Boyd, Thompson & Knight, Edward D. Burbach, Grady Click, Susan Desmarais Bonnen, Ronald E. Garner, Barry Ross McBee, Danica Lynn Milios, Rafael Edward Cruz, Office of Atty. Gen., Austin, for respondent.

PER CURIAM.

A propane truck driven by Ernest Blevins struck a bridge abutment and guardrail and overturned, killing Blevins. Several employees of respondent, the Texas Department of Transportation (TxDOT), investigated the accident. Petitioners Roy Franklin Blevins and Bonnie Blevins, as next friends for Michelle and Michael Blevins, sued TxDOT for wrongful death, asserting that the bridge and guardrail were not properly constructed. The trial court denied TxDOT's...

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