Texas Department of Public Safety v. Rachel Deakyne

OPINION

Opinion by: REBECCA SIMMONS, Justice.

Rachel Deakyne was injured in an automobile accident involving a patrol car driven by Texas Department of Public Safety (DPS) Trooper Kavin Edwards. Deakyne sued Edwards and DPS for negligence. The trial court granted DPS’s motion to dismiss Edwards but denied DPS’s motion to dismiss Deakyne’s suit against DPS. In its sole issue on appeal, DPS argues the election of remedies statute bars Deak-yne’s suit. We affirm the trial court’s interlocutory order.

Background

Rachel Deakyne was injured when her vehicle became involved in an automobile accident…