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WARDLAW v. TEXAS DEPT. OF TRANSP.

No. 04-09-00095-CV.

307 S.W.3d 369 (2009)

Kenneth WARDLAW, Individually and on Behalf of the Estate of Gwendolyn Elizabeth Wardlaw, Deceased, and as Next Friend of John Moore, Appellant, v. TEXAS DEPARTMENT OF TRANSPORTATION, Appellee.

Court of Appeals of Texas, San Antonio.

November 25, 2009.

Attorney(s) appearing for the Case

Heather Long, George `Tex' Quesada, Sommerman & Quesada, LLP, Dallas, TX, for Appellant.

Randall K. Hill, Office of Attorney General, Austin, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice, MARIALYN BARNARD, Justice.

OPINION

Opinion by: SANDEE BRYAN MARION, Justice.

This is an appeal from the trial court's granting of appellee's plea to the jurisdiction and motion for summary judgment. We affirm.

BACKGROUND

The Texas Department of Transportation ("TxDOT") owns and operates a low water crossing where FM 1350 crosses over the Guadalupe River (hereinafter "Government Crossing"). Government Crossing consists...

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