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MILLER v. CITY OF FORT WORTH

No. 2-93-196-CV.

893 S.W.2d 27 (1994)

Nena MILLER, Individually, Nena Miller as Personal Representative of the Estate of William Miller, Jr., Deceased, Nena Miller as Next Friend of Lindsay Y. Miller and Kristen Miller, Appellants, v. CITY OF FORT WORTH, Texas, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled February 14, 1995.

Attorney(s) appearing for the Case

Donald H. Flanary, Jr., D. Brad Dickinson, Robert B. Gilbreath, Vial, Hamilton, Koch & Knox, Dallas, Russell H. McMains, Law Offices of Russell H. McMains, Corpus Christi, for appellants.

David E. Keltner, Wade H. McMullen, Karen S. Precella, Haynes and Boone, L.L.P., Wade Adkins, City Atty., Terry M. Vernon, Asst. City Atty., City of Fort Worth, Fort Worth, for appellee.

Before FARRIS, WEAVER and HICKS, JJ.

OPINION

WEAVER, Justice.

The City of Fort Worth (the "City") was sued for damages resulting from death caused by its alleged failure to install a traffic control device at a street intersection. The principal issues presented are whether a cause of action to recover such damages under the Texas Wrongful Death Act ("WDA")1 is barred by the City's defense of governmental immunity, and whether the City, even if not liable under...

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