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STATE DEPT. OF HIGHWAYS, ETC. v. CARSON

No. 6867.

599 S.W.2d 852 (1980)

STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION of the State of Texas, Appellant, v. Walter James CARSON et al., Appellees.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied June 18, 1980.

Attorney(s) appearing for the Case

Mark White, Atty. Gen., John W. Fainter, Jr., First Asst. Atty. Gen., Ted L. Hartley, Executive, Watson C. Arnold, Dudley Fowler, Stephen Greenberg, Asst. Attys. Gen., Austin, for appellant.

Branton & Mendelsohn, Inc., James L. Branton, Chrysanthe A. Lambros, San Antonio, Vernon N. Reaser, Jr., Victoria, for appellees.

OPINION

WARD, Justice.

This is a negligence case arising from an automobile accident. It presents the question whether defective pavement markings at a detour are special defects within the exceptions created by Sections 14(12) and 18(b) of the Texas Tort Claims Act, Art. 6252-19, Tex.Rev.Civ.Stat.Ann. (1970). The trial Court held the markings to be special defects and that the State owed the Plaintiffs the duty of ordinary care. Trial was before a jury...

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