Texas Supreme Court Upholds Immunity for University System’s Roadway Design and Construction
By Paul V. Esposito
The Texas Supreme Court has affirmed a university system’s immunity under the Tort Claims Act following an accident in which a driver ran off the road at a newly installed T-intersection. Fraley v. Texas A&M Univ. Sys., 2023 Tex. LEXIS 287 (3/24/23). The driver claimed that the University failed to properly sign and light the area and to guide drivers away from a ditch along the roadway. The Court ruled that the roadside ditch was not a “special defect” preventing drivers from staying on the road. The University’s immunity was not waived by its initial discretionary decision to not install warning signs, lights, and barricades at the intersection.