In Texas Department of Transportation v. Ramirez, 74 S.W.3d 864, 45 Tex. Sup. Ct. J. 594 (Tex. 2002) the plaintiffs alleged that a highway median was defectively designed. Ramirez, 74 S.W.3d at 866. The court of appeals cited Rodriguez and essentially quoted its holding: "Design of a public work, such as a state highway, is generally a discretionary function that involves numerous policy decisions, including what type of safety features to install." Ramirez, 72 S.W.3d at 384 n.6. But the court of appeals affirmed the trial court's denial of the State's plea to the jurisdiction because it concluded that the plaintiffs might be able to amend their pleadings to state a cause of action not barred by immunity. 72 S.W.3d 376 at 385. The Court held that the court of appeals' refusal to dismiss the case altogether conflicted with our decision in State v. Rodriguez. Ramirez, 74 S.W.3d at 866.