Salvador Garcia v. State Texas and Texas Department Highways and Public Transportation

Salvador Garcia, appellant, suffered personal injuries and property damage in a one-vehicle accident while driving his truck on a State highway in Bexar County, Texas. Mr. Garcia filed suit against the State of Texas and the Texas Department of Highways and Public Transportation pursuant to the Texas Tort Claims Act, TEX. CIV. PRAC. & REM. CODE ANN. ch. 101 (Vernon 1986), alleging that the incident was caused by a condition of the State highway on which he was traveling. He further alleged he was an invitee, as opposed to a licensee, on the State highway in question because he paid for the use of the roadway by paying for his drivers license, licensing fees for his truck and taxes on his fuel, said sums being used by the defendants for the maintenance of State highways.