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DALLAS AREA RAPID TRANSIT v. THOMAS

No. 05-05-00159-CV.

168 S.W.3d 322 (2005)

DALLAS AREA RAPID TRANSIT, Appellant, v. J.W. THOMAS, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled August 10, 2005.

Attorney(s) appearing for the Case

Hyattye O. Simmons, Dallas, TX, for Appellant.

J.W. Thomas, Harker Heights, TX, for Appellee.

Before Justices WHITTINGTON, MOSELEY, and LANG-MIERS.

OPINION

Opinion by Justice WHITTINGTON.

Dallas Area Rapid Transit appeals the trial court's order denying its plea to the jurisdiction. See TEX. CIV. PRAC. & REM. CODE ANN. § 51.014(a)(8) (Vernon Supp. 2004-05). J.W. Thomas sued DART for injuries sustained when he slipped and fell on a wet tile sidewalk at a DART transit station. DART filed a plea to the jurisdiction, contending Thomas failed to establish DART's had waived its governmental...

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