Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Click here for the full text of this decision FACTS:The truck driven by Curtis Tommy Phillips was struck from behind as Phillips waited to make a left turn from the inside traffic lane off of Highway 59 in Liberty County. Phillips and his family sued the Texas Department of Transportation, alleging a special defect existed at that spot because there was no designated turn lane. Phillips also claimed that TDOT negligently failed to lower the speed limit for traffic approaching the spot and to reasonably provide for the safety of those in vehicles existing the highway there. TDOT filed a plea to the jurisdiction, but the trial court denied it. HOLDING:Reversed and dismissed. Conditions that are “longstanding, routine, or permanent” are not special defects. Here, the lack of a left turn lane is a condition that is “longstanding, routine, or permanent,” and as such is not a special defect that would trigger the Texas Tort Claims Act’s waiver of sovereign immunity. The design of roadways, as well as the initial installation of safety features such as signs or signals, are discretionary functions, and the state cannot be liable for such design or safety considerations. OPINION:Per curiam; McKeithen, C.J., Burgess and Gaultney, JJ.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.