Texas Department of Transportation v. MacKey

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

In two issues, Texas Department of Transportation (“TxDOT”) claims the trial court erred in entering a final judgment in favor of Appellee Mr. Weldon Mackey. On appeal, TxDOT argues the court committed reversible error in its instruction to the jury on its duty of care in that the stated duty was an ordinary negligence standard of care instead of a premises liability standard of care, and that even if a premises liability charge had been submitted to the jury, there was no evidence to support at least two essential elements of Mr. Mackey’s claim.

On…