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CITY OF BALCH SPRINGS v. AUSTIN

No. 05-09-00984-CV.

315 S.W.3d 219 (2010)

CITY OF BALCH SPRINGS, Texas, Appellant, v. Diana Hall AUSTIN, Individually, and as Administratrix of the Estate of Jimmy Wayne Hall, Deceased, Appellee.

Court of Appeals of Texas, Dallas.

June 10, 2010.

Attorney(s) appearing for the Case

William W. Krueger III, Casey S. Erick, McKamie Krueger, LLP, Richardson, TX, for Appellant.

Houston M. Smith, Larry Roberts, Law Office of Houston M. Smith, P.C., Terrell, TX, Marquette William Wolf, Ted B. Lyon & Associates, Mesquite, TX, Ramona Martinez, Cobb, Martinez & Woodward, L.L.C., Dallas, TX, for Appellee.

Before Justices BRIDGES, FRANCIS and FILLMORE.

OPINION

Opinion By Justice FILLMORE.

Appellee Diana Hall Austin, Individually, and as Administratrix of the Estate of Jimmy Wayne Hall, Deceased, sued appellant the City of Balch Springs, Texas on claims arising from the death of Jimmy Wayne Hall. The City filed a plea to the jurisdiction based on governmental immunity. The trial court denied the plea, and the City perfected this interlocutory appeal. See TEX. CIV. PRAC. & REM.CODE ANN. §...

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