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TEXAS DEPT. OF TRANSP. v. PHILLIPS

No. 09-04-069 CV.

153 S.W.3d 121 (2004)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Curtis Tommy PHILLIPS and Misty Phillips individually and as next friend of their minor children, Appellees.

Court of Appeals of Texas, Beaumont.

Decided November 18, 2004.

Attorney(s) appearing for the Case

Gregg Abbott, Atty. Gen., Barry R. McBee, First Asst. Atty. Gen., Edward D. Burbach, Deputy Atty. Gen., Grady Click, Jack F. Gilbert, Susan Desmarais Bonnen, Asst. Attys Gen., Austin, for appellant.

B. Thomas McElroy, Johnson & McElroy, LLP, Dallas, for appellees.

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

OPINION

PER CURIAM.

Appellees, Curtis Tommy Phillips and Misty Phillips, individually and on behalf of their minor children, sued the Texas Department of Transportation ("TxDOT") regarding injuries Curtis Tommy Phillips received in a motor vehicle accident. The trial court denied TxDOT's plea to the jurisdiction, and TxDOT appeals, claiming the sovereign immunity doctrine bars appellees' claims. We agree and therefore...

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