Texas Department of Transportation v. Bederka , 2001 Tex. App. LEXIS 1050 ( 2001 )

BURGESS, Justice,

concurring.

I reluctantly concur. I concur rather than dissent because the majority does not render against the appellees. However, I would affirm the trial judge because I believe paragraph 6 of the Plaintiffs’ First Amended Original Petition, which states: “Additionally, the traffic control signals and signs initially placed near and around the Intersection created a dangerous condition at the Intersection that Defendant TXDOT failed to remedy in a timely manner, even though TXDOT received actual notice of the dangerous condition,” is within the holdings of Sparkman v. Maxwell, 519 S.W.2d 852 (Tex.1975) and Garza v. State, 878 S.W.2d 671 (Tex.App.—Corpus Christi 1994, no writ).