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State2/24/2005
This is an appeal from the trial court's denial of Appellant's motion for judgment not withstanding the verdict or in the alternative, motion for new trial on the basis of sovereign immunity. For the reasons stated, we reverse the judgment of the trial court and render judgment in favor of Appellant.
I. SUMMARY OF THE EVIDENCE
Appellee, Cynthia Barraza, was a passenger in a vehicle driven by Nicolas Morales that was involved in a single car accident on Interstate Highway 10 in El Paso, Texas shortly after midnight on September 6, 1998. Appellee was a passenger in the front seat and Alfredo Chavira was a passenger in the backseat. The vehicle was traveling eastbound in the far left-hand lane. As it approached the Yarbrough exit, it swerved sharply to right colliding with the right-hand guardrail. The vehicle traveled over the guardrail, left the roadway, and rolled down a concrete embankment. The cause of the accident is represented as the result of Appellee grabbing the steering wheel and turning it sharply to the right during an argument with the driver Nicolas Morales or as the result of Nicolas Morales reaching for his cell phone and suddenly turning the vehicle. The three individuals had been drinking and partying at a local nightclub. Appellee suffered serious injuries in the accident and filed suit against Nicolas Morales and the State of Texas, Texas Department of Transportation. Alfredo Chavira appears as intervenor in the case below. Appellee's claims against Appellant allege that the guardrail at the location in question had been improperly designed and maintained and that the State owed a duty to correct or warn of a dangerous condition associated with the guardrail.
Among other defenses, Appellant claimed the defense of sovereign and official immunity in its Original Answer.
On October 21, 2002, trial to a jury was held. After a five-day trial, the jury returned a verdict in favor of Appellee finding Appellant 50 percent negligent for the accident in question. On November 22, 2002, Appellant filed a motion for judgment notwithstanding the verdict or motion for new trial. The court denied the motions on January 6, 2003. On February 3, 2003, the trial court entered a judgment in favor of Appellee awarding damages in the amount of the statutory limit of $250,000.
II. DISCUSSION
In three issues on appeal, Appellant complains of the rulings of the trial court in denying its motion for judgment notwithstanding the verdict on the basis of sovereign immunity and because of no evidence to prove a premises defect claim. Issue No. Three complains that the trial court erroneously denied Appellant's motion for new trial based upon the erroneous admission and exclusion of evidence.
Issue No. One complains, in substance, that Appellant is immune from suit on the basis of sovereign immunity for the cause of action pleaded and proved by Appellee at trial. Because we find that Issue No. One is dispositive of the case, we do not reach the remaining issues.
A. Standard of Review
A judgment notwithstanding the verdict is authorized only where the trial court determines that no evidence supports the jury's findings. Mancorp v. Culpepper, 802 S.W.2d 226, 227 (Tex. 1990). Therefore, the denial of a motion for judgment notwithstanding the verdict is reviewed on appeal as a "no evidence" point. Sherman v. First Nat'l Bank, 760 S.W.2d 240, 241-42 (Tex. 1988). In reviewing a "no evidence" challenge, the appellate court considers only the evidence and reasonable inferences therefrom that tend to support the jury findings, disregarding all contrary evidence and inferences. Redman Homes, Inc. v. Ivy, 920
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