Texas Department of Transportation v. Pirtle

OPINION

DAUPHINOT, Justice.

A jury found that Appellant, the Texas Department of Transportation (“the depart ment”), was not liable for damages Appellee Don Pirtle incurred in his one-car accident. The trial court assessed all costs of court, including attorney’s fees and mediator’s fees Pirtle incurred, to the department, finding that it had failed to mediate in good faith. In a single point, the department complains that the trial court erred in assessing costs against it.

The civil practice and remedies code provides that a trial court may order litigants into alternative dispute resolution 1…