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CITY OF IRVING v. SEPPY

No. 05-09-00017-CV.

301 S.W.3d 435 (2009)

CITY OF IRVING, Appellant, v. Maria SEPPY, Individually, and as Representative of the Estate of Rudolph Seppy, Deceased, and Adriana Chappell, Appellees.

Court of Appeals of Texas, Dallas.

November 23, 2009.

Attorney(s) appearing for the Case

Paul K. Pearce, Jr., Matthews, Carlton, Stein, Shiels, Pearce, Dunn & Knott, Dallas, TX, for Appellant.

Stephen Daniel, Clay Lewis Jenkins, Jenkins & Jenkins, P.C., Waxahachie, TX, F. Leighton Durham, Durham & Pittard, LLP, Dallas, TX, for Appellee.

Before Justices MORRIS, BRIDGES, and MURPHY.

OPINION

Opinion By Justice MURPHY.

Appellees (collectively, the "Seppy Family") sued the City of Irving and others because of Rudolph Seppy's death after he fell from a catwalk in a city-owned theater. The City filed a plea to the jurisdiction that the trial court granted in part and denied in part. In a single issue, the City contends it retained immunity for claims arising out of discretionary decisions made in the performance of its governmental function...

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