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TEXAS DEPT. OF TRANSP. v. ABLE

No. 99-0108.

35 S.W.3d 608 (2000)

TEXAS DEPARTMENT OF TRANSPORTATION, Petitioner, v. Luke W. ABLE, Ben Dees and George Hans Knoll, coexecutors of the Estate of Margaret Able, deceased, Ramona Lee Dees, and Sylvia Jane Knoll, Respondents.

Supreme Court of Texas.

Decided July 6, 2000.

Rehearing Overruled November 16, 2000.

Attorney(s) appearing for the Case

Michael C. Ratliff, Grady Click, Linda Eads, Andy Taylor, John Cornyn, Atty. Gen., Austin, for petitioner.

David L. Monroe, John W. Able, Levert J. Able, Able, Monroe & Walker, for respondent.

Justice GONZALES delivered the opinion of the Court, in which Justice ENOCH, Justice BAKER, Justice ABBOTT, Justice HANKINSON and Justice O'NEILL joined.

A jury found that the Texas Department of Transportation (TxDOT) did not negligently cause a fatal automobile accident on a high occupancy vehicle lane. We must decide whether the State has waived sovereign immunity under the Texas Tort Claims Act when a state agency has entered into a joint enterprise with another...

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