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County of Hidalgo v. Capetillo8/23/2001
Opinion by Justice Rodriguez
This is an interlocutory, accelerated appeal from a trial court's denial of a plea to the jurisdiction based on sovereign immunity. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon Supp. 2001). We affirm.
A group of plaintiffs sued the County of Hidalgo (the County), Jose Cano and Mary Cano, both individually and as next friends of Ana Cano, Central Power & Light Company, and Magic Valley Electric Cooperative for damages arising from a motor-vehicle accident that occurred in Hidalgo County. Dominga Vasquez, individually and as next of friend of Lisa Vasquez (intervenors), intervened in the suit. The County filed a plea to the jurisdiction, and an amended plea to the jurisdiction, alleging the trial court lacked subject matter jurisdiction because there was no allegation that it waived sovereign immunity from suit under the Texas Tort Claims Act. The plaintiffs and intervenors filed responses to the plea. After a hearing, the trial court denied the County's plea to the jurisdiction. The County challenges this denial by a single issue.
According to the plaintiffs' petition, Ana Cano was driving north on Mile 6½ West Road in Hidalgo County at approximately 11:45 p.m., when she collided with a vehicle traveling west on Mile 6 North Road driven by Orlando Perez. The collision caused Perez's vehicle to strike a utility pole. Three people died and others suffered personal injuries as a result of the accident. At the time of the accident, the Mile 6 ½ West Road/ Mile 6 North Road intersection had stop signs on Mile 6½ West directing those traveling north or south to stop.
In their fifth amended petition, the plaintiffs alleged the County was negligent for failing to maintain proper lighting at the intersection, failing to warn the public by use of road signs or other means that the intersection was dangerous, failing to maintain proper "signage," failing to install "signage" and traffic control devices, failing to respond to public complaints regarding the need for "signage" and traffic control devices, failing to comply with the Manual on Uniform Traffic Control Devices, and failing to establish and enforce adequate standards for the placement and design of utility poles placed on a public right of way, easement or county road.
Similarly, the intervenors filed a petition in which they alleged the County was negligent for failing to regulate traffic adequately at the intersection, failing to maintain traffic control devices at the intersection, failing to provide sufficient lighting at the intersection, failing to inspect for dangerous conditions at the intersection, and failing to warn the public of the danger created by inadequate regulation of traffic at the intersection. The intervenors also alleged that the poor "signage" and lighting at the intersection was a special defect for which the County owed a duty to warn and to make reasonably safe. Finally, the intervenors alleged the County failed to respond to complaints about the intersection, failed to respond to requests for additional traffic control/safety devices, failed to comply with the Manual on Uniform Traffic Control Devices, and failed to establish or enforce standards for the proper placement and design of utility poles.
The County filed a plea to the jurisdiction, and an amended plea to the jurisdiction, to which it attached several exhibits. The exhibits included an affidavit of Joe Vasques, Director of right-of-ways for the County of Hidalgo, and excerpts from the depositions of Sergeant Felipe Escobedo, Corporal Cris Vidales, Juan Rodriguez, Jr., Osiel Perez Cantu, Amalia Capetillo, Ana Cano, Maria Del Refugio Cano, and D
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