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DEPARTMENT OF TRANSP. v. SANCHEZ

No. 04-01-00267-CV.

75 S.W.3d 24 (2001)

Texas DEPARTMENT OF TRANSPORTATION, Appellant, v. Vincent SANCHEZ, Representative of the Estate of Ernestina Alejandro, Deceased; Eddie Alejandro; Jose Alejandro; Maria Del Socorro Toscano; Janie Montalvo; Rey Alejandro; Rene Alejandro; Viola De La Rosa, Individually and as Next Friend for John De La Rosa and Joel De La Rosa, Minors; Michael Alejandro, Individually and as Next Friend for Andrew Alejandro, Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled March 25, 2002.

Attorney(s) appearing for the Case

Susan Desmarais Bonnen, William E. Williams, III, Asst. Atty. Gen., Austin, for Appellant.

Christine H. Campbell, Law Offices of Hugh McWilliams, Larry Zinn, Attorney At Law, Fidel Rodriguez, Jr., Rodriguez, Ketterman & Lopez, M. Stephen Cichowski & Gonzalez, P.C., Daniel O. Kustoff (ADL) Lang & Kustoff, L.L.P., Frank Herrera, Jr. (ADL) Laura E. Gutierrez Tamez (ADL) Law Offices of Frank Herrera, Inc., Ernest G. Valdez (ADL) Law Office of Ernest Valdez, San Antonio, for Appellee.

Sitting: CATHERINE STONE, Justice, PAUL W. GREEN and SARAH B. DUNCAN, Justices.

Opinion by SARAH B. DUNCAN, Justice.

The Texas Department of Transportation appeals the trial court's denial of its plea to the jurisdiction. TXDOT's appeal requires that we interpret sections 101.056(2) and 101.060(a)(2) of the Texas Tort Claims Act. We hold (1) a traffic signal is not "absent" for purposes of section 101.060(a)(2) of the Tort Claims Act unless it was placed in service and subsequently removed; and (2) the...

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