Tex. Dep't of Transp. v. PerchesAnnotate this Case
This special defect case involved a concrete guardrail. Jose Perches was killed while navigating an underpass. Perches's parents sued the Texas Department of Transportation (TxDOT). The trial court denied TxDOT's immunity-based jurisdictional plea. The court of appeals affirmed, concluding that although the Percheses had not shown an immunity waiver for their negligent maintenance and implementation claims, they pleaded sufficient facts to demonstrate TxDOT's waiver of immunity with respect to their special defect claims. The Supreme Court reversed in part, affirmed in part, and rendered judgment dismissing the Percheses' claims under the Texas Tort Claims Act, holding (1) concrete guardrails placed in accordance to plan cannot constitute a special defect under the Act, and therefore, under the Act, the State's sovereign immunity was not waived; and (2) the Percheses did not plead sufficient facts demonstrating a waiver of immunity under the Act with respect to their premise liability claims. Remanded.