Texas Department of Transportation v. Christopher Gover, Individually and as Next Friend of C.G., I.G., S.G., and J.G., Minor Children

Summary

The Texas Department of Transportation appealed a judgment awarding damages to Christopher Gover and his children after a TxDOT ferry collision. The Thirteenth Court of Appeals held that legally sufficient evidence supported the jury's finding that the ferry captain was not reacting to an emergency and that expert testimony was not required, or was otherwise provided, to establish breach. The appeal also challenged the sufficiency of evidence supporting the children's pain and mental anguish damages, but the provided text ends before that issue is resolved.

Holdings

1. The evidence was legally sufficient to support the jury's finding that the captain was not reacting to an emergency situation as defined in the jury charge. Accordingly, TxDOT did not establish that the emergency exception barred the claim.
2. Expert testimony was not required to establish the alleged negligence based on failure to sound the ferry's horn before an imminent collision. In any event, the testimony of designated experts supplied legally sufficient evidence of the applicable standard of care and breach.
3. The evidence was legally insufficient to support the children's awards of past physical pain and mental-anguish damages. The judgment awarding those damages was reversed.

Questions Presented

1. Whether the Texas Tort Claims Act's emergency exception deprived the trial court of subject-matter jurisdiction because the captain was reacting to an emergency situation.
2. Whether Gover was required to present expert testimony to establish breach of the standard of care, and whether the evidence was legally sufficient to establish breach.
3. Whether legally sufficient evidence supported the jury's awards of past physical pain and mental-anguish damages to Gover's children.

Disposition

reversed_and_remanded