MORSE v. STATE

No. 09-94-043 CV.

905 S.W.2d 470 (1995)

Mary MORSE, et al., Appellant, v. The STATE of Texas, et al., Appellee.

Court of Appeals of Texas, Beaumont.

Decided August 31, 1995.

Rehearing Overruled September 29, 1995.


Attorney(s) appearing for the Case

R.L. Pete McKinney, Crawford & McKinney, Clinard J. Hanby, Houston, for appellant.

Mark Heidenheimer, Asst. Atty. Gen., Austin, for appellee.

Before WALKER, C.J., and BURGESS and STOVER, JJ.


OPINION

WALKER, Chief Justice.

This suit for damages was brought pursuant to the Texas Tort Claims Act. TEX.CIV. PRAC. & REM.CODE § 101 et. seq. (Vernon 1986). The seminal issue of this appeal is whether the dangerous condition constitutes an ordinary premise defect or a special defect. Trial was to a jury which rendered a verdict generally favoring appellant, Mary Morse, but finding that the Department of Public Highways and Public Transportation...

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