Hayes v. Patrick

OPINION ON REHEARING

David L. RICHARDS, Justice.

Introduction

This suit arises out of a boating accident on Lake Weatherford where a game warden attempted to initiate a water safety violation stop. Game Warden Randall Joe Hayes (“Hayes”) and the Texas Parks and Wildlife Department (“TPWD”), collectively “appellants,” appeal an order of the trial court denying their joint motion for summary judgment based on official and sovereign immunity. On appellants’ motion for rehearing, we withdraw our previous unpublished opinion of February 17, 2000, and substitute this opinion in its place. Because we…