Texas Department of Transportation v. Gutierrez

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 Gutierrez is a “person injured” for purposes of the Texas Tort Claims Act, the trial court correctly denied the plea to the jurisdiction.…