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HANNA v. IMPACT RECOVERY SYSTEMS, INC.

No. 09-08-00090-CV.

295 S.W.3d 380 (2009)

Elmer HANNA, Joyce Hanna, Colton Humble, and Lee Humble; and Elmer Hanna a/n/f of Caleb Humble and Autumn Humble; and Elmer Hanna As Representative of The Estate of Cassandra Humble, Appellants, v. IMPACT RECOVERY SYSTEMS, INC., John Thomas, Inc., and Texas Department of Transportation, Appellees.

Court of Appeals of Texas, Beaumont.

Decided August 27, 2009.

Attorney(s) appearing for the Case

Kevin M. Fuller, Henry & Fuller, Beaumont, for appellants.

David J. Fisher, Jennifer C. Fisher, Orgain Bell & Tucker, LLP, Silsbee, Steve C. Dollinger, Smyser Kaplan & Veselka, L.L.P., Houston, Greg Abbott, Atty. General, Lisa Marie McClain, Ronald E. Garner, Asst. Attys. General, Austin, for appellees.

Before GAULTNEY, KREGER, and HORTON, JJ.

OPINION

DAVID GAULTNEY, Justice.

Appellants are Cassandra Humble's parents and children. They sued Impact Recovery Systems, Inc., the Texas Department of Transportation, and John Thomas, Inc. The plaintiffs allege Humble's death was caused by a curb dividing lanes of traffic. The trial court granted a plea to the jurisdiction filed by the Texas Department of Transportation (TxDOT), and granted motions for summary judgments filed by Impact Recovery and John...

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