Stanford v. State Department of Highways & Public Transportation

GUILLOT, Justice.

This is an appeal from a summary judgment. The suit by appellant was for damages sustained in an accident on July 4th, 1978, when an automobile, driven by one of appellant’s daughters, approached an overpass in Seagoville, Texas, drifted left, and plunged twenty-six feet, killing another daughter and seriously injuring the driver. The appellant alleged that the failure of the appellee to provide guardrails was a breach of the non-discretionary duty to maintain the highway; and, therefore, a fact issue was raised as to the negligence of the ap-pellee. Because we hold that the…