State v. Rodriguez

In State v. Rodriguez. 985 S.W.2d 83, 42 Tex. Sup. Ct. J. 318 (Tex. 1999), the plaintiffs alleged that a "detour was unreasonably dangerous and had inadequate warning signs." 985 S.W.2d 83 at 85. The Court held that "design of any public work, such as a roadway, is a discretionary function involving many policy decisions, and the governmental entity responsible may not be sued for such decisions." "Under section 101.056 of the Texas Tort Claims Act ," the Court concluded, "the State retained its immunity for the detour design because the design was a discretionary act." Accordingly, the Court held that summary judgment for the State was proper.