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Ihlo v. State

There is no waiver of immunity for errors in reviewing accident reports; the waivers of immunity in Texas Civil Practice and Remedies Code '101.060(a)(2) relate to the installation and maintenance of signs.

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Otto Ihlo and LaVera Ihlo appeal from the dismissal of their claims against the State of Texas and the Texas Department of Transportation (collectively, “the State”) arising out of a traffic accident. The court granted the State’s plea to the jurisdiction based on sovereign immunity and dismissed the Ihlos’ suit for want of jurisdiction. The Ihlos contend that their claims were within the waivers of sovereign immunity concerning claims that the State failed to correct the absence of a traffic sign or warning device within a reasonable time after notice and that the State negligently implemented its plan or policy decision regarding an intersection. We will affirm the judgment.

The Ihlos were injured in an automobile collision in Bastrop on June 26, 1997. They were driving on Texas Highway 21 when a truck driving on Loop 150 proceeded through the intersection of the two roads and struck the Ihlos’ vehicle.

The intersection was designed in 1964. By 1995, numerous accidents at the intersection caused State employees to request regrading of the intersection and installation of a flashing warning light. The upgrade of the intersection was approved for construction during fiscal year 1998; the record is not clear on whether the warning light was part of the approved alterations. Construction began in July 1998.

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