Texas Court Reverses Pedestrian's Win Against State DOT

Law360 (April 21, 2020, 6:33 PM EDT) -- A Texas appellate court has tossed a $310,000 verdict in a suit against the Texas Department of Transportation for a pedestrian's fall through a roadside grate, saying the pedestrian showed no evidence at trial that the agency had knowledge of the alleged danger posed by the grate.

Judge Erin A. Nowell, writing for the panel Monday, reversed the lower court's judgment and dismissed the case for lack of subject matter jurisdiction. The panel said the state agency has sovereign immunity from Jimmy Don Ives' premises liability claim and the trial court erred in denying the DOT's motion for judgment notwithstanding the...

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