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TEXAS DEPT. OF TRANSP. v. GUTIERREZ

No. 04-06-00583-CV.

243 S.W.3d 127 (2007)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Stephanie GUTIERREZ and Ronnie Gutierrez, Appellees.

Court of Appeals of Texas, San Antonio.

September 5, 2007.

Attorney(s) appearing for the Case

Adam W. Aston, Asst. Solicitor Gen., Michael H. Ratliff, Asst. Atty. Gen., Austin, for Appellant.

Thomas F. Nye, Vidaurri, Lyde, Gault & Quintana, L.L.P., Brett Anthony, Anthony Peterson & Purnell, L.L.P., Corpus Christi, for Appellees.

Sitting: CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice, REBECCA SIMMONS, Justice.

OPINION

Opinion by REBECCA SIMMONS, Justice.

The Texas Department of Transportation ("TxDOT") appeals the district court's denial of its plea to the jurisdiction and argues that Stephanie and Ronnie Gutierrez's claims should be dismissed for lack of subject matter jurisdiction. We affirm the trial court's denial because the excessive gravel constituted a special defect and the jury found TxDOT failed to adequately warn of this defect. Also, because Ronnie...

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