Texas Department of Transportation v. Arzate

OPINION

ANN CRAWFORD McCLURE, Justice.

The Texas Department of Transportation appeals the trial court’s denial of its plea to the jurisdiction pursuant to Section 51.014(a)(8) of the Texas Civil Practices and Remedies Code. See Texas Dep’t of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex.1999) (holding that a governmental defendant may contest in a plea to the jurisdiction whether the State has waived immunity from suit). For the reasons that follow, we reverse and render.

FACTUAL SUMMARY

This case involves a horrific and tragic accident which occurred on a stretch of roadway well known to daily…