In Brown and Gay Engineering, Inc. v. Zuleima Olivares, the Texas Supreme Court decided an important issue related to sovereign immunity in personal injury lawsuits. The case arose when a drunk driver entered the exit ramp of Westpark Tollway and drove east in the westbound lanes for eight miles before crashing into a driver. Both of them were killed. The part of the road where they died was under the control of the Fort Bend County Toll Road Authority, a local government corporation that was created to design and build it.
The Authority had contracted with the defendant, an engineering firm, in accord with Texas Transportation Code section 431.066(b). This code section allows local governments to retain an engineer to develop a transportation system or facility. The engineering firm was responsible for providing the necessary equipment and personnel and for obtaining insurance for the project.
The mother of the victim of the drunk driving accident sued the engineering firm and others, arguing that the failure to design proper signs and other devices near the exit ramp where the drunk driver entered had legally caused the victim’s death. The Authority filed a plea to the jurisdiction, claiming governmental immunity, which was denied by the trial court. The appellate court reversed, holding the Authority had sovereign immunity based on its discretionary acts related to traffic safety devices. When the case went back to the trial court, the plaintiff nonsuited the government.