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TEXAS DEPT. OF TRANSP. v. ANDREWS

No. 2-03-286-CV.

155 S.W.3d 351 (2004)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Mary G. ANDREWS, Individually, Mary Elizabeth Andrews Crockett, Individually, Kathryn Andrews Anderton, Individually, and Charley J. Andrews, III, Individually, and all as Representatives of the Estate of Charley Julius Andrews, Appellees.

Court of Appeals of Texas, Fort Worth.

Rehearing Overruled January 6, 2005.

Attorney(s) appearing for the Case

Greg Abbott, Asst. Atty. Gen., Barry R. McBee, First Asst. Atty. Gen., Edward D. Burbach, Deputy Atty. Gen. for Litigation, Grady Click, Chief, Transportation Division Asst. Atty. Gen., Susan Desmarais Bonnen, Margarita Manzano Corbett, Ronald E. Garner, Asst. Atty. Generals, Austin, for Appellant.

Law Offices of Mallory & Sturns, Carl E. Mallory and Louis E. Sturns, Arlington, for Appellees.

Stradley & Wright, Edwin E. Wright, III, Thomas V. Murto, III, Dallas, for Amicus Curiae Austin Bridge and Road, Inc.

PANEL B: LIVINGSTON, DAUPHINOT, and WALKER, JJ.

Rehearing En Banc Overruled January 6, 2005.

OPINION

TERRIE LIVINGSTON, Justice.

Introduction

Appellant, the Texas Department of Transportation (TXDOT), appeals from the trial court's order denying its plea to the jurisdiction. See Tex. Civ. Prac. & Rem.Code Ann. §§ 51.014(a)(8), 101.001(3)(A) (Vernon Supp.2004-05). TXDOT contends that it is entitled to sovereign immunity from suit arising from a car accident on Highway...

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