TxDOT vs. York

In a per curiam decision delivered on Dec. 5, 2008, the Texas Supreme Court reversed a jury verdict for spouse in wrongful death of motorist on holding that loose gravel on road is not a special defect as a matter of law. The suit was under the Texas Tort Claims Act exception to sovereign immunity by statutory waiver of immunity to suit and liability of dangerous road conditions, special defect, premises defect, and actual knowledge of hazard. The court opined that the jury charge did not contain a premise defect instruction, so the jury did not have an opportunity to determine liability under that stricter licensee standard. The record reflected, according to the Texas Supreme Court, conflicting testimony as to whether TxDOT had actual knowledge of the loose gravel, and whether York did not have actual knowledge of it. Therefore, the question of whether TxDOT satisfied the licensee standard of care should go to the fact finder. See Tex. Dep’t of Parks and Wildlife v. Miranda, 133 S.W.3d 217, 226 (Tex. 2004) ; Keetch v. Kroger Co., 845 S.W.2d 262, 266 (Tex. 1992) (“Proof that the premises owner or occupier created a condition which poses an unreasonable risk of harm may constitute circumstantial evidence that the owner or occupier knew of the condition.”. The higher court reversed the court of appeals’ judgment and remanded the case for a new trial applying the premise defect standard. For the text of the full court opinion, follow this link: http://www.supreme.courts.state.tx.us/historical/2008/dec/070743.htm

In Texas governmental agencies are immune or have sovereign immunity from private lawsuits. One exception to this is under the Texas Tort Claims Act, wherein a lawsuit is allowed against a governmental agency such as in this case, which is the Texas Department of Transportation. However, unlike general civil common law suits, such Texas tort claims act litigation are statutorily capped as to the maximum amount of damages recoverable.

There is a similar parallel federal statute under the Federal Tort Claims Act.