Texas Department of Transportation A/K/A TXDOT v. Martina Jackson, Individually and on Behalf of Her Husband, Keith Jackson, and Carly Rose Jackson, and Lara Marie Jackson

OPINION

ANN CRAWFORD McCLURE, Chief Justice

At just past midnight on a windy evening in El Paso, Keith Jackson was riding his motorcycle on U.S. Highway 54. As he took an exit ramp, he struck a Texas Department of Transportation sign that had blown onto the roadway. Sadly, Jackson was killed. In this case, we are asked to decide if Jackson’s wrongful death beneficiaries presented legally sufficient evidence to support a jury finding in their favor that TxDOT knew or should have known of the hazard, and failed to take appropriate action as would any other landowner.

There is little dispute that…