Valdez v. State Road Department

SHANNON, Acting Chief Judge.

The appellant-plaintiff filed his complaint in tort wherein he alleged that the plaintiff was a prisoner and as such was under the lawful custody, control and supervision of the State Road Department, and further alleged that he was seriously injured by the operation of a motor vehicle owned by the State Road Department. The answer of the appellee stated in part that in the absence of a statute authorizing this action the court lacked jurisdiction of the subject matter. On the defendant’s motion for judgment on the pleadings the lower court entered final judgment.

Th…