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TEXAS DEPT. OF TRANSP. v. PATE

No. 06-04-00070-CV.

170 S.W.3d 840 (2005)

THE TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Tamara PATE, Derl Anderson, Celia Anderson, and Kyle Pate, Individually and as Representative of the Estate of Casey Pate, Deceased, Appellees.

Court of Appeals of Texas, Texarkana.

Decided August 16, 2005.

Rehearing Overruled September 13, 2005.

Attorney(s) appearing for the Case

Susan Desmarais Bonnen, Asst. Atty. Gen., Transportation Division, Austin, for Appellant.

Gregory D. Smith (lead counsel), Ramey & Flock, PC, Tyler, Jeffery B. Badders, Badders Law Firm, PC, Nacogdoches, Kenneth W. Burch, Gray, Burch & Haddad, Houston, Richard R. Morrisson, III, Kemah, Forrest G. Braselton, Nacogdoches, Seth Cortigene, Cortigene Law Firm, La Porte, for Appellees.

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

OPINION

Opinion by Chief Justice MORRISS.

In the wake of the October 2000 collision that killed three young people—Earl Haley, Heather Anderson, and Casey Pate—at the intersection of State Highway 21 and Farm-to-Market Road 95 (FM95) in Nacogdoches County, the evidence suggested the pickup truck driven by Haley and occupied by his two companions either stopped or slowed to a crawl at a stop sign before proceeding slowly onto the highway and...

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