State Department of Highways & Public Transportation v. Carson

OPINION

WARD, Justice.

This is a negligence case arising from an automobile accident. It presents the question whether defective pavement markings at a detour are special defects within the exceptions created by Sections 14(12) and 18(b) of the Texas Tort Claims Act, Art. 6252-19, Tex.Rev.Civ.Stat.Ann. (1970). The trial Court held the markings to be special defects and that the State owed the Plaintiffs the duty of ordinary care. Trial was before a jury and, based on the special issues submitted, judgment was entered against the State. We hold that the markings are not a special defect, and…