In this case involving a car accident, the court of appeals held that the plaintiffs pleaded sufficient facts to demonstrate TxDOT's waiver of immunity with respect to their special defect claims. Guardrails, by their nature, define the roadway, they do not impede it. Guardrails placed in accordance to plan cannot constitute a special defect. The court of appeals' judgment is affirmed and rendered in part, and reversed and remanded. Texas Supreme Court, No. 11-0437, 11-16-2012.
Texas Department of Transportation v. Perches
Tx. Sup. Ct.
November 20, 2012