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.
§ April 28, 2022
MARK SELF AND BIRGIT SELF, § Memorandum Opinion by Justice
Appellees Bassel
JUDGMENT ON REHEARING
After reviewing Appellees Mark Self and Birgit Self’s motion for rehearing and
Appellant Texas Department of Transportation’s motion for rehearing and motion
for rehearing en banc, we deny the motions; withdraw our opinion and judgment
dated February 10, 2022; and substitute the following.
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 TxDOT’s plea to the jurisdiction as to the Selfs’ 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