Miranda v. State

OPINION

STEPHEN F. PRESLAR, Chief Judge.

This case presents the question of whether flood waters on a State highway are a special defect as that term is used in Sections 14(12) and 18(b) of Article 6252-19, Tex.Rev.Civ.Stat.Ann., commonly known as the Texas Tort Claims Act. The trial Court sustained the State’s plea to the jurisdiction and dismissed the suit. We are of the opinion that the flood waters do constitute a special defect, and that the judgment must be reversed.

This suit arises out of the death of Eras-mo Miranda, which occurred when he drove his car into some two-feet of flood…