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Click here for the full text of this decision Torts No. 05-02-01405-CV, 4/17/2003. FACTS: On Aug. 25, 1997, Dallas County was re-surfacing Range Road, a two-lane road heading east and west. Although there were barricades at the east and west ends of the construction area, there was no barricade at the exit from the parking lot for Jodie Poston’s business. While Poston was attempting to turn right onto Range Road from the parking lot, his car was struck by a dump truck being driven westward in reverse in the eastbound lane of Range Road by Willard Allen, a county employee. Poston sued the county for personal injuries suffered by Poston in the accident. After a bench trial, the trial court entered judgment for Poston in the amount of $100,000. HOLDING: Affirmed. The county argues that Texas Transportation Code ��545.155, 545.256 and 472.022 required Poston to yield the right-of-way to Allen, and, therefore, the trial court misapplied the law by not finding that Poston’s failure to yield the right-of-way to Allen caused the accident. Section 545.155 requires the operator of a motor vehicle who is about to enter or cross a highway from an alley, building, private road or driveway to yield the right-of-way to a vehicle approaching on the highway to be entered. However, this duty is not absolute. Hemphill v. Meyers, 469 S.W.2d 327 (Tex.Civ.App. – Austin 1971, orig. proceeding). Rather, the appropriate inquiry is whether a reasonably prudent driver under the same or similar circumstances would have yielded the right-of-way. Section 545.155 does not require a finding Poston was negligent as a matter of law. Section 545.256 of the transportation code requires the operator of a motor vehicle emerging from an alley, driveway or building in a business district to, on entering the roadway, yield the right-of-way to an approaching vehicle. However, when the driver exercises some degree of care, it becomes an issue of fact as to whether the driver’s conduct was negligent. Sneed v. Fort Worth Transit Co., 427 S.W.2d 920 (Tex.Civ.App. – Fort Worth 1968, no writ). Section 545.256 does not require a finding that Poston was negligent as a matter of law. Section 472.022 of the transportation code makes it a criminal offense for a driver to disobey the instructions, signals, warnings or markings of a warning sign. The only warning sign at the exit from the parking lot was one that said “Road Work.” There is no evidence it instructed Poston not to enter the eastbound lane of Range Road or that Poston ignored this sign. The trial court did not misapply the law in concluding the issues of whether Poston’s conduct was negligent and whether Poston’s negligence contributed to the accident were questions of fact. OPINION: Farris, J.; Lang, Farris and Rosenberg, JJ.

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