Supreme Court of Texas
Texas Dep't of Transp. v. York, 07-0743
In a wrongful death suit arising from a car skidding across loose gravel allegedly left behind by a state highway crew, jury verdict for plaintiff is reversed and remanded where loose gravel is not a "special defect" under Texas Civil Practice and Remedies Code section 101.022(b), but rather a "premise defect," and the jury had therefore been incorrectly instructed on the applicable standard of care.
Appellate Information
- Decided 12/05/2008
- Published 12/05/2008
Judges
- PER CURIAM.
Court
- Supreme Court of Texas
Counsel
- For Appellant:
- Greg W. Abbott, Atty. Gen., Kent C. Sullivan, Clarence Andrew Weber, First Assistant Attorney General, David S. Morales, Rafael Edward Cruz, David Bass Strain, James C. Ho, Office of the Attorney General, Adam Warren Aston, Assistant Solicitor General, Austin, TX, for Petitioner.
- For Appellees:
- Ron Butler, Cedar Park, TX, Chad Bassett Matthews, Sanes Matthews & Forester, P.C., League City, TX, for Respondent.