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TEXAS DEPT. OF TRANSP. v. BEDERKA

No. 09-00-340-CV.

36 S.W.3d 266 (2001)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Toni BEDERKA, Wilma Berger and Patrick Berger, Individually and as the Representative of the Estate of Stacey Berger, Deceased, Appellees.

Court of Appeals of Texas, Beaumont.

Decided February 15, 2001.

Attorney(s) appearing for the Case

John Cornyn, Attorney General, Michael Ratliff, Assistant Attorney General, Austin, for appellant.

R. Martin Weber, Jr., Davis & Davis, Houston, for appellee.

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

OPINION

WALKER, Chief Justice.

The Texas Department of Transportation appeals the denial of its plea to the jurisdiction asserting sovereign immunity. TEX. CIV. PRAC. & REM.CODE ANN. § 51.014(a)(8) (Vernon Supp.2000). The issue presented asks whether sovereign immunity is waived under the Texas Tort Claims Act for failing to place additional or different traffic control devices at an intersection.

On January 8, 1999, Toni Bederka and Stacey...

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