Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Texas Department of Transportation v. Weldon Mackey

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
OPINION

In two issues, Texas Department of Transportation (“TxDOT”) claims the trial court erred in entering a final judgment in favor of Appellee Mr. Weldon Mackey. On appeal, TxDOT argues the court committed reversible error in its instruction to the jury on its duty of care in that the stated duty was an ordinary negligence standard of care instead of a premises liability standard of care, and that even if a premises liability charge had been submitted to the jury, there was no evidence to support at least two essential elements of Mr. Mackey’s claim.

On July 31, 2006, Mr. Weldon Mackey was riding his motorcycle on Highway 21 in Bryan, Texas. After stopping briefly at the intersection of Highway 21 and Highway 6, Mr. Mackey drove through the intersection, and as he did, the tires slid from under him, and he lost control and crashed onto the road. It was later determined that a TxDOT truck, driven by TxDOT employee Jeffery Massey, had passed through the same intersection earlier and leaked hydraulic fluid onto the roadway, which in turn resulted in Mr. Mackey’s crash. Specifically, the fluid came out of a failed pipe fitting, which Martin Truck Enterprises had installed inside the truck. The morning of the incident, Mr. Massey’s employer instructed him to drive the truck and its attached trailer from Buffalo, Texas to Bryan, Texas in order to pick up a pneumatic roller, and then to return to Buffalo. On the way up to Bryan, Mr. Massey stopped in Flynn, Texas to drop off some barricades, and after doing so, he made a 180-degree turn through a ditch to get back onto the roadway. It was not until Mr. Massey reached the TxDOT office in Bryan that he realized his truck was leaking hydraulic fluid, and he believed this was the result of his earlier driving into the ditch before making the u-turn.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
General Counsel Conference East 2024
October 22, 2024 - October 23, 2024
New York, NY

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
The National Law Journal Legal Awards 2024
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
Go to Events Go to Webcasts
Corporate Counsel

Summary:In this role, you will conduct legal research, provide analysis, and advise the business on various legal matters. You will assist i...


Apply Now ›
Paralegal

A small diverse Law firm is seeking a Legal Secretary with a minimum of 2 years plus legal experience in Personal Injury and Family Law. Mus...


Apply Now ›
Dean of the J. David Rosenberg College of Law

The University of Kentucky (UK) seeks a strategic and collaborative leader with a distinguished scholarly profile to serve as the next Dean ...


Apply Now ›
Go to Lawjobs