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STATE EX REL. DEPT. OF HIGHWAYS v. GONZALEZ

No. 00-1007.

82 S.W.3d 322 (2002)

The STATE of Texas, by and through the STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, Petitioner, v. Maria C. GONZALEZ, individually and as representative of Hilda Martinez, Deceased, et al., Respondent.

Supreme Court of Texas.

Decided June 27, 2002.

Rehearing Denied August 29, 2002.

Attorney(s) appearing for the Case

John Cornyn, Attorney General, Andy Taylor, First Assistant Attorney General, Jeffrey S. Boyd, Susan Desmarais Bonnen, Grady Click, William E. Williams, III, S. Kyle Duncan, Office of the Attorney General, Austin, for Petitioner.

Richard J. Karam, Law Office of Richard J, Karam, W. Wendell Hall, Renee Forinash-McElhaney, Rosemarie Kanusky, Fulbright & Jaworski, Marcos Fulop, David McQuade Leibowitz, Law Offices of David McQuade Leibowitz, San Antonio, for Respondent.

Justice BAKER delivered the opinion of the Court.

This wrongful-death case involves a fatal highway collision that occurred at an intersection where vandals had repeatedly removed stop signs. The issue is whether the Texas Tort Claims Act ("the Act") waives the State's immunity for claims arising from the accident, which allegedly happened because unknown third parties removed the intersection's stop signs. A jury determined that the Texas Department of Transportation...

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