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TEXAS DEPT. OF PUBLIC SAFETY v. DEAKYNE

No. 04-11-00271-CV.

371 S.W.3d 303 (2012)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Rachel DEAKYNE, Appellee.

Court of Appeals of Texas, San Antonio.

March 7, 2012.

Attorney(s) appearing for the Case

Elsa Giron Nava , Assistant Attorney General, Tort Litigation Division, Austin, TX, for Appellant.

Beth Watkins , Law Office of Beth Watkins, Michael Reeh Rowland , Ketterman, Rowland & Westlund, San Antonio, TX, for Appellee.

Sitting: SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice, STEVEN C. HILBIG, Justice.

OPINION

Opinion by: REBECCA SIMMONS, Justice.

Rachel Deakyne was injured in an automobile accident involving a patrol car driven by Texas Department of Public Safety (DPS) Trooper Kavin Edwards. Deakyne sued Edwards and DPS for negligence. The trial court granted DPS's motion to dismiss Edwards but denied DPS's motion to dismiss Deakyne's suit against DPS. In its sole issue on appeal, DPS argues the election of remedies statute bars Deakyne's suit. We affirm...

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