Texas Department of Transportation v. Perches
388 S.W.3d 652
| Tex. | 2012Background
- Perches killed at the Bicentennial Underpass in McAllen after colliding with a concrete guardrail at a T-intersection.
- Plaintiffs, Perches’s parents, sued TxDOT and engineering firms for negligent maintenance and design of the roadway and traffic controls.
- Trial court denied TxDOT’s immunity-based jurisdictional plea and severed the claims against TxDOT from those against the engineers.
- Court of Appeals held that the plaintiffs pleaded a waiver for special-defect claims, but that the trial court had jurisdiction over ordinary premise liability claims.
- TxDOT brought interlocutory appeal arguing there was no waiver for a guardrail-based special defect; the case presents whether guardrails can be “special defects” under the TTCA.
- This Court granted review and held that guardrails placed in accordance with plan cannot constitute a special defect; TTCA claims against TxDOT are dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a concrete guardrail is a special defect under the TTCA | Percheses: guardrail is a special defect that waives immunity | TxDOT: guardrail is not a special defect; design is discretionary and immune | Guardrail not a special defect; TTCA claims dismissed |
| Whether off-road or non-travel path conditions can qualify as special defects | Off-road barrier may pose threat to ordinary users | Only narrow class of conditions pose threat; guardrail does not | Special defects are narrow; guardrail not within class |
| Whether, if not a special defect, the underpass can be treated as an ordinary premise defect | TxDOT owes licensee-based duty for dangerous conditions | Damages limited to special defect framework; ordinary premise duty does not apply | PTCA claims regarding ordinary premise duty not upheld; case remanded for proceedings consistent with opinion |
Key Cases Cited
- State Dept. of Highways & Public Transportation v. Payne, 838 S.W.2d 235 (Tex.1992) (defines special defects and threat to ordinary users; off-road condition can be special defect when threat is present)
- Hayes v. State, 327 S.W.3d 113 (Tex. 2010) (special-defect class is narrow; parallels to 101.022(b))
- Beynon v. Denton County, 283 S.W.3d 329 (Tex.2009) (off-road hazard must pose threat to ordinary users; not within special defect class)
- Banon v. Texas Department of Transportation, 880 S.W.2d 300 (Tex.App.-Waco 1994) (bridge guardrail not a special defect)
- Barraza v. State, 157 S.W.3d 922 (Tex.App.-El Paso 2005) (height of guardrails treated as discretionary for immunity purposes)
- State v. Rodriguez, 985 S.W.2d 83 (Tex.1999) (public works design is discretionary; immunity considerations apply)