State Department of Highways & Public Transportation v. Cotner

OPINION

VANCE, Justice.

We must decide if the monetary limitation on the State’s liability for damages for personal injuries, contained in the Texas Tort Claims Act, should be applied to a plaintiffs damages before or after the comparative-negligence percentages found by the jury are applied to determine the State’s right to contribution from a “contribution defendant.”

Stephen and Cherie Cotner, husband and wife, were injured when their car, driven by Stephen, was involved in a one-vehicle accident on an icy bridge on Interstate 35. Cherie suffered permanent disabilities as a result of her…