TEXAS DEPT. OF TRANSP. v. MACKEY

No. 08-09-00209-CV.

345 S.W.3d 760 (2011)

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant, v. Weldon MACKEY, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled August 31, 2011.


Attorney(s) appearing for the Case

David B. Strain , Assistant Attorney General, Austin, for Appellant.

Lane D. Thibodeaux , Bryan, for Appellee.

Before CHEW, C.J., McClURE, and RIVERA, JJ.


OPINION

DAVID WELLINGTON CHEW, Chief Justice.

In two issues, Texas Department of Transportation ("TxDOT") claims the trial court erred in entering a final judgment in favor of Appellee Mr. Weldon Mackey. On appeal, TxDOT argues the court committed reversible error in its instruction to the jury on its duty of care in that the stated duty was an ordinary negligence standard of care instead of a premises liability standard of care, and that even if a premises...

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