State Department of Highways & Public Transportation v. Dopyera

OPINION

GAMMAGE, Justice.

The issue in this case is whether federal maritime law preempts state sovereign immunity law to require application of maritime’s pure comparative negligence principles to an accident at a state-operated drawbridge. The trial court awarded damages under the maritime rule and the court of appeals affirmed. The court of appeals apparently concluded the State of Texas had waived its sovereign immunity and that federal maritime law preempted state law. 799 S.W.2d 469. We hold the State has not waived its immunity and that Congress did not intend for maritime law to preempt…