Texas Department of Transportation v. Naomi Markham

Opinion

Fourth Court of Appeals

San Antonio, Texas

JUDGMENT No. 04-18-00812-CV

TEXAS DEPARTMENT OF TRANSPORTATION, Appellant

v.

Naomi MARKHAM, Carrie Markham, and Trevor Markham, Individually and as the Administrator of the Estate of Joslyn Markham, Deceased, Appellees

From the 73rd Judicial District Court, Bexar County, Texas Trial Court No. 2017-CI-01166 Honorable Martha Tanner, Judge Presiding

BEFORE CHIEF JUSTICE MARION, JUSTICE CHAPA, AND JUSTICE WATKINS

In accordance with this court’s opinion of this date, the negligence per se claim is DISMISSED FOR WANT OF JURISDICTION and the remainder of the trial court’s order is AFFIRMED.

We order that appellees Naomi Markham, Carrie Markham, and Trevor Markham, Individually and as the Administrator of the Estate of Joslyn Markham, Deceased, recover their costs of appeal from appellant Texas Department of Transportation.

SIGNED August 21, 2019.

_____________________________

Beth Watkins, Justice