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CITY OF SUGARLAND v. BALLARD

No. 01-04-00418-CV.

174 S.W.3d 259 (2005)

CITY OF SUGARLAND, Appellant, v. James L. BALLARD, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

January 27, 2005.

Attorney(s) appearing for the Case

Norman Ray Giles, William S. Helfand, Chamberlain, Hrdlicka, White, Williams, & Martin, Houston, for appellant.

Harold V. Dutton Jr., James S. Bowie II, Houston, for appellee.

Panel Consists of Justices TAFT, JENNINGS, and BLAND.

OPINION

TIM TAFT, Justice.

Appellant, the City of Sugarland ("the City"), appeals from an order denying its plea to the jurisdiction on grounds of governmental immunity from suit in a wrongful-death suit brought by appellee, James L. Ballard ("Ballard"), individually and as representative of the estate of Mark Russell Ballard ("Mark"), deceased. See TEX. CIV. PRAC. & REM.CODE ANN. § 51.014(a)(8) (Vernon Supp.2004-2005). We first determine...

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