(Download) "Texas Dept of Transportation v. Ramirez" by Texas Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: Texas Dept of Transportation v. Ramirez
- Author : Texas Supreme Court
- Release Date : January 25, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
In this wrongful-death action, we decide whether the Texas Tort Claims Act waives sovereign immunity from suit for a premise-defect claim based on an allegedly dangerous highway median. Cecilia Ramirez alleged that the Texas Department of Transportations failure to correct or warn about a dangerous highway condition, which enabled a car to cross a highway median and collide with her husbands car, caused her husbands death. See Tex. Civ. Prac. & Rem. Code §§ 101.001-.109. TxDOT filed a plea to the jurisdiction, which the trial court denied. The court of appeals affirmed, concluding that Ramirezs petition "sufficiently alleged a defective condition." __ S.W.3d __. We disagree. As a matter of law, Ramirezs claims against TxDOT involve discretionary acts for which the State retains sovereign immunity. Therefore, we reverse the court of appeals judgment and dismiss Ramirezs claims for want of jurisdiction.