Texas Department of Transportation v. Jones

OPINION

Justice HINOJOSA.

This is an interlocutory appeal from the trial court’s denial of a plea to the jurisdiction filed by appellant, the Texas Department of Transportation (“TXDOT”). In a single issue, TXDOT contends the trial court erred in denying the plea. We affirm.

On July 21, 1997, appellee, Stephen Jones, filed a complaint in small claims court against TXDOT. Jones alleged his windshield had been cracked by rocks thrown from the tires of a vehicle as it passed him, and that tar covered the sides of his car. Jones also alleged the roadway on which he was traveling had recently been…