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TEXAS DEPT. OF TRANSP. v. PIRTLE

No. 02-97-233-CV.

977 S.W.2d 657 (1998)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Don PIRTLE, Appellee.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled July 16, 1998.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Jorge Vega, Grady Click, Michael Ratliff, Asst. Attys. Gen., Laquita A. Hamilton, Deputy Atty. Gen., Austin, for Appellant.

Stephen D. Colbert, P.C., Flower Mound, for Appellee.

Before DAUPHINOT, RICHARDS and HOLMAN, JJ.

OPINION

DAUPHINOT, Justice.

A jury found that Appellant, the Texas Department of Transportation ("the department"), was not liable for damages Appellee Don Pirtle incurred in his one-car accident. The trial court assessed all costs of court, including attorney's fees and mediator's fees Pirtle incurred, to the department, finding that it had failed to mediate in good faith. In a single point, the department complains...

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