Texas Department of Transportation v. Jose Luis Perches, Sr. and Alma Delia Perches, Individually and on Behalf of the Estate of Jose Luis Perches, Jr., Deceased

Summary

The Supreme Court of Texas held that a concrete guardrail placed according to a roadway's design does not constitute a special defect under the Texas Tort Claims Act because it does not pose a threat to ordinary roadway users. The Court rendered judgment dismissing the Percheses' claims under the Act but affirmed the lower court's determination that their pleadings were sufficient to invoke jurisdiction over ordinary premises-liability claims. The case was remanded for further proceedings.

Holdings

1. The Supreme Court had jurisdiction because the court of appeals held differently from other courts of appeals on whether a guardrail constitutes a special defect, creating a conflict that required clarification.
2. Guardrails placed according to plan cannot constitute a special defect under the Texas Tort Claims Act because they define the roadway rather than impede travel for ordinary roadway users.
3. The Percheses did not plead sufficient facts demonstrating a waiver of governmental immunity for ordinary premises-defect claims, although the trial court had jurisdiction to consider those claims.

Questions Presented

1. Whether the Texas Supreme Court had jurisdiction over the interlocutory appeal because the court of appeals' treatment of a guardrail as a special defect conflicted with decisions of other courts of appeals.
2. Whether a concrete guardrail placed according to the roadway design can constitute a special defect under the Texas Tort Claims Act.
3. Whether the Percheses pleaded sufficient facts to establish a waiver of governmental immunity for an ordinary premises-defect claim.
4. Whether the court should address jurisdiction over the requested permanent injunction.

Disposition

reversed_and_remanded