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TEXAS DEPT. OF TRANSP. v. FONTENOT

No. 09-04-038 CV.

151 S.W.3d 753 (2004)

TEXAS DEPARTMENT OF TRANSPORTATION and Deavers, Inc., Appellants, v. Brenda L. FONTENOT, Individually and on Behalf of the Estate of Joseph Curry Fontenot, Deceased, Jason Fontenot, Micah Fontenot, and Robert Fontenot, Appellees.

Court of Appeals of Texas, Beaumont.

Decided December 16, 2004.

Attorney(s) appearing for the Case

Greg Abbott, Atty. General, Susan Desmarais Bonnen, Ronald E. Garner, Asst. Attys General, Austin, Kathleen M. Kennedy, Benckenstein, Norvell & Nathan, LLP, Beaumont, for appellants.

Rex Peveto, Peveto Law Firm, Orange, for appellee.

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

OPINION

STEVE McKEITHEN, Chief Justice.

The survivors of a motorist killed in a single vehicle automobile accident alleged that the injuries were caused by the failure of a highway contractor and the state highway department to warn motorists of water on the road following a rainstorm. Finding in favor of Brenda L. Fontenot, individually and on behalf of the Estate of Joseph Curry Fontenot, Jason Fontenot, Micah Fontenot, and Robert Fontenot ("Fontenot"...

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