1. Home
  2. Browse Decisions
  3. S.W.3d
  4. 388 S.W.3d
  5. 388 S.W.3d 652 (2012)
 

TEXAS DEPT. OF TRANSP. v. PERCHES

No. 11-0437.

388 S.W.3d 652 (2012)

TEXAS DEPARTMENT OF TRANSPORTATION, Petitioner, v. Jose Luis PERCHES, Sr. and Alma Delia Perches, Individually and on behalf of the Estate of Jose Luis Perches, Jr., Deceased, Respondents.

Supreme Court of Texas.

November 16, 2012.

Attorney(s) appearing for the Case

Arthur Cleveland D'Andrea , Assistant Solicitor General, C. Michael Ratliff , Office of the Attorney General of Texas, Daniel T. Hodge , First Asst. Attorney General, David S. Morales , Office of the Attorney General of Texas, Deputy First Assistant Attorney General, Greg W. Abbott , Attorney General of Texas, Jonathan F. Mitchell , Solicitor General, Office of the Attorney General, Lisa Marie McClain , Office of the Attorney General, Transportation Division, William J. "Bill" Cobb III , Office of the Attorney General, Austin, TX, for Petitioner.

Ricardo R. Godinez , Law Offices of Ricardo R. Godinez, P.C., McAllen, TX, for Respondents.

PER CURIAM.

In State Department of Highways & Public Transportation v. Payne, 838 S.W.2d 235 (Tex.1992), we considered whether an off-road condition can be a special defect for which the State's sovereign immunity is waived under the Texas Tort Claims Act. We noted that "[w]hether on a road or near one ... conditions can be `special defects ...' only if they pose a threat to the ordinary users of a particular roadway...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases