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
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Labor & Employment Counsel - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Counsel in our renowned Labor & Employment Department, working w...


Apply Now ›
(NEW) ASSISTANT GENERAL COUNSEL WANTED FOR PRIVATELY HELD HEALTHCARE COMPANY (Oak Brook, IL)

Our client, a large, privately-owned healthcare company, has engaged us to find an Assistant General Counsel for their headquarters located ...


Apply Now ›
MATRIMONIAL ASSOCIATE ATTORNEY - NEW YORK

A prestigious matrimonial law firm in Garden City is seeking a skilled Associate Attorney with 5 to 7 years of experience in family law. The...


Apply Now ›
Go to Lawjobs