Texas Department of Transportation v. Mark Self and Birgit Self ( 2022 )

In the
Court of Appeals
Second Appellate District of Texas
at Fort Worth
No. 02-21-00240-CV
TEXAS DEPARTMENT OF § On Appeal from the 97th District
TRANSPORTATION, Appellant Court
§ of Montague County (2020-0331M-CV)
V.
§ February 10, 2022
MARK SELF AND BIRGIT SELF, § Memorandum Opinion by Justice
Appellees Bassel
JUDGMENT
This court has considered the record on appeal in this case and holds that there
was error in part of the trial court’s order. It is ordered that the order of the trial
court is affirmed in part and reversed in part. We reverse the portions of the trial
court’s order denying Texas Department of Transportation’s plea to the jurisdiction as
to Mark Self and Birgit Self’s negligence claim and inverse-condemnation claim, and
we render judgment dismissing those claims. We affirm the remainder of the trial
court’s order that denies the plea to the jurisdiction on the Selfs’ independent-
contractor claim.
It is further ordered that each party shall bear their own costs of this appeal, for
which let execution issue.
SECOND DISTRICT COURT OF APPEALS
By /s/ Dabney Bassel
Justice Dabney Bassel