Texas Dept of Transportation v. andrews

Appellant, the Texas Department of Transportation (TXDOT), appeals from the trial courts order denying its plea to the jurisdiction. See Tex. Civ. Prac. & Rem. Code Ann. §§ 51.014(a)(8), 101.001(3)(A) (Vernon Supp. 2004-05). TXDOT contends that it is entitled to sovereign immunity from suit arising from a car accident on Highway 360. Appellees claim that the accident resulted from TXDOTs failure to place warning signs and properly maintain traffic control devices in the area of the accident. Because we conclude that appellees did not raise a fact question as to whether TXDOTs immunity from suit has been waived, we vacate the trial courts order denying TXDOTs plea to the jurisdiction and dismiss the claims against TXDOT.