CITY OF LAREDO v. VELASCO

No. 04-00-00601-CV.

40 S.W.3d 717 (2001)

CITY OF LAREDO, Appellant, v. Victor VELASCO, Jr., and Maria Bejarano, Individually and as Administrator of the Estate of Jose M. Bejarano, Appellees.

Court of Appeals of Texas, San Antonio.

March 7, 2001.


Attorney(s) appearing for the Case

Charles H. Sierra, William M. McKamie, Denton, McKamie & Navarro, P.C., San Antonio, for Appellant.

Carlos Garcia, Kenneth S. Saks, Olivia, Saks & Garcia, L.L.P., San Antonio, Michael H. Ratliff, Assistant Attorney General, Transportation Division (020), Austin, William N. Woolsey, Scott D. Schmidt, Woolsey & Schmidt, L.L.P., Corpus Christi, Luis A. Elizondo, Huerta, Hastings & Allison, L.L.P., Corpus Christi, Sandra D. Laurel, Snow & Laurel, L.L.P., San Antonio, for Appellee.

Sitting: ALMA L. LÓPEZ, Justice, CATHERINE STONE, Justice, SARAH B. DUNCAN, Justice.


OPINION

CATHERINE STONE, Justice.

We considered the issue presented in this appeal in Appeal No. 04-00-00448-CV. In the earlier appeal, we determined that the Texas Department of Transportation (the Department) was immune from the plaintiffs' lawsuit because a commercial eighteen-wheeler stopped on the highway is neither a condition of real property, nor an excavation, obstruction, or some other condition which constitutes a special defect. See Tex. Dept...

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