City of Laredo v. Velasco

OPINION

CATHERINE STONE, Justice.

We considered the issue presented in this appeal in Appeal No. 04-00-00448-CV. In the earlier appeal, we determined that the Texas Department of Transportation (the Department) was immune from the plaintiffs’ lawsuit because a commercial eighteen-wheeler stopped on the highway is neither a condition of real property, nor an excavation, obstruction, or some other condition which constitutes a special defect. See Tex. Dept. of Trans. v. Velasco, 40 S.W.3d 702, 705 (Tex.App.—San Antonio 2001, no pet. hist.). This appeal arises from the same underlying lawsuit. In…