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CITY OF AUSTIN v. LEGGETT

No. 03-07-00345-CV.

257 S.W.3d 456 (2008)

CITY OF AUSTIN, Texas, Appellant v. Trudy LEGGETT, Individually and as Heir of Nathan Leggett, Deceased, Appellee.

Court of Appeals of Texas, Austin.

June 12, 2008.

Attorney(s) appearing for the Case

Frederick A. Hawkins, Assistant City Attorney, Austin, TX, for appellant.

Douglas M. Becker, Gray & Becker, P.C., Austin, TX, for appellee.

Before Justices PATTERSON, PURYEAR and PEMBERTON.

OPINION

BOB PEMBERTON, Justice.

At approximately 6 p.m. on November 15, 2001, seventeen year-old Nathan Leggett tragically drowned after attempting to drive through a flooded street in southwest Austin. That afternoon, it was undisputed that the Austin area had been hit by thunderstorms with intense rainfall, hail, tornados and widespread flooding. Nathan's mother, Trudy Leggett, individually and as Nathan's heir, sued the City of Austin for damages...

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