State v. McAllister
Oct 29, 2004OUTCOME: Judgment Rendered for Defendant
In State v. McAllister, the State of Texas appealed the trial court’s judgment in favor of a driver of a truck who struck and killed a TxDOT employee working on the side of a highway. The State, repre ... sented by then-Assistant-Solicitor-General Ryan Clinton, argued in briefing and at oral argument that the Texas Tort Claims Act did not waive sovereign immunity for the driver’s property-damage claim because the injury was not caused by the use or operation of a government-owned vehicle. The Amarillo Court of Appeals agreed, reversed the trial court’s judgment, and held that the driver take nothing on his claim against the State.
