Duhart v. State

BARROW, Justice.

The widow and children of Thomas James Duhart, deceased, sued the State for exemplary damages. State claimed sovereign immunity and filed a Special Exception and a Plea in Abatement which were sustained. The trial court dismissed the cause for want of jurisdiction after plaintiffs refused to amend. The court of civil appeals affirmed the judgment of the trial court. 598 S.W.2d 679. The question presented is whether the State has waived its sovereign immunity as to a suit for gross negligence causing the death of a highway department employee. We hold that it has not and affirm…