County of Dallas v. Poston

OPINION

Opinion By

Justice FARRIS (Retired).

The County of Dallas (County) appeals in three points of error the trial court’s judgment in favor of Jodie Poston, contending (1) the trial court granted recovery on a theory not supported by the pleadings; (2) the trial court misapplied the law; and (3) the evidence is legally and factually insufficient to support the trial court’s findings. We affirm the trial court’s judgment.

Factual and Prooedural Background

On August 25, 1997, the County was resurfacing Range Road, a two-lane road heading east and west. Although there were barricades at the east…