Liberty Mutual Insurance Co. v. Sharp

BEA ANN SMITH, Justice.

We withdraw the opinion of this Court dated November 10, 1993, and substitute the following in its place.

Appellant, Liberty Mutual Insurance Company, filed suit against appellees John Sharp, Comptroller of Public Accounts, and James Lynaugh, Executive Director of the Texas Department of Criminal Justice (TDCJ), in their official capacities. Appellees filed a plea to the jurisdiction which the trial court granted, dismissing the suit with prejudice. We will affirm the trial court’s order.

BACKGROUND

On April 28, 1988, TDCJ entered into a contract for the construction of a…