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[DOWNLOAD] "State Department Highways & Public Transportation V. Kenneth Herschel Payne Et Ux. (09/23/92)" by Supreme Court of Texas " eBook PDF Kindle ePub Free

State Department Highways & Public Transportation V. Kenneth Herschel Payne Et Ux. (09/23/92)

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eBook details

  • Title: State Department Highways & Public Transportation V. Kenneth Herschel Payne Et Ux. (09/23/92)
  • Author : Supreme Court of Texas
  • Release Date : January 23, 1992
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 90 KB

Description

Kenneth Payne and his wife sued the State Department of Highways and Public Transportation to recover damages for injuries which he sustained when he walked off the end of a culvert built and maintained by the State. A jury found that Paynes injuries were caused 60% by the negligence of the State and 40% by his own negligence, and the trial court rendered judgment in Paynes favor for $148,800 plus interest. The court of appeals affirmed. 781 S.W.2d 318. The two principal issues now before us are first, whether the trial court held the State to a higher standard of care than that imposed by section 101.022 of the Texas Tort Claims Act, TEX. CIV. PRAC. & REM. CODE § 101.022, and thus failed to submit the controlling question of fact to the jury, and second, whether the State has preserved this complaint for appeal. We answer both issues in the affirmative, and consequently reverse the judgment of the court of appeals and render judgment that Payne take nothing.


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