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TEXAS DEPT. OF TRANSP. v. YORK

No. 10-06-00210-CV.

234 S.W.3d 212 (2007)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Jimmy Don YORK, Individually and on behalf of the Estate of Rebecca York, Deceased and James R. Bodiford, Jr., Individually and on behalf of the Estate of Rebecca York, Tonya Bodiford, and Shirley Fowler, Appellees.

Court of Appeals of Texas, Waco.

August 8, 2007.

Attorney(s) appearing for the Case

David B. Strain, Asst. Atty. General-Transportation Division, Austin, for appellant.

Chad B. Matthews, League City, Ron Butler, Marlin, for appellees.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA.

OPINION

BILL VANCE, Justice.

Family members of Rebecca York sued the Texas Department of Transportation (TxDOT), alleging a premises liability cause of action in their wrongful-death suit. A jury found TxDOT 100% at fault and $1,033,440 in damages. After applying the Texas Tort Claims Act's damages limitation, the trial court rendered a final judgment against TxDOT for $250,000. Asserting three issues, TxDOT appeals. We will affirm.

On October 29...

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