State v. Miguel

In this wrongful death case we consider whether the State retained its sovereign immunity for discretionary acts under section 101.056 of the Texas Civil Practices & Remedies Code. The jury returned a verdict against the State. The State moved for judgment notwithstanding the verdict based, in part, on the State’s sovereign immunity claim. The trial court denied the State’s motion, and rendered judgment on the verdict. On appeal, the court of appeals affirmed the trial court’s judgment. We conclude that the state retained its sovereign immunity for discretionary acts. Accordingly, we reverse…