Atchison, Topeka & Santa Fe Railway Co. v. Texas State Department of Highways & Public Transportation

OPINION

MURPHY, Justice.

Atchison, Topeka & Santa Fe Railway Company (“ATSF”) appeals from a summary judgment entered in favor of the appel-lee, Texas Department of Highways & Public Transportation (“Highway Department”). ATSF claims the trial court erred in granting the summary judgment because the doctrine of sovereign immunity is inapplicable and appellee failed to meet its summary judgment burden of proof. Because we find that appellee met its burden of proving immunity from suit under the doctrine of sovereign immunity, we affirm.

Appellee contracted with ATSF to transport materials to…