Texas Department of Transportation v. Perches

Summary

The Supreme Court of Texas held that a concrete guardrail placed according to a roadway plan is generally not a "special defect" under the Texas Tort Claims Act because it defines the roadway rather than obstructing ordinary travel. The court reversed the court of appeals in part, rendered judgment dismissing the claims brought under the Act, affirmed the portion concerning premise-liability claims, and remanded for further proceedings. The decision also addressed appellate jurisdiction based on a conflict among Texas courts of appeals.

Holdings

1. A guardrail placed according to the roadway plan cannot constitute a special defect under the Texas Tort Claims Act when it defines the roadway and poses no threat to ordinary users traveling in the normal course.
2. The Percheses did not plead sufficient facts demonstrating a waiver of immunity for their ordinary premises-liability claims, although the trial court had jurisdiction to consider those claims.
3. The Supreme Court had jurisdiction because the court of appeals' holding conflicted with decisions of other courts of appeals regarding whether a guardrail constitutes a special defect.

Questions Presented

1. Whether a concrete guardrail located at the end of a T-intersection and placed as part of the roadway design constitutes a special defect under the Texas Tort Claims Act.
2. Whether the Percheses pleaded facts sufficient to waive sovereign immunity for ordinary premises-liability claims under the Texas Tort Claims Act.
3. Whether the Supreme Court of Texas had jurisdiction over the interlocutory appeal because the court of appeals' decision conflicted with decisions of other courts of appeals.

Disposition

reversed_and_remanded