Roberta Duhart, Petitioners v. the State of Texas, Respondent

Summary

The Texas Supreme Court held that the State has not waived sovereign immunity for a suit seeking exemplary damages based on gross negligence causing the death of a highway employee, and affirmed the lower courts' dismissal for lack of jurisdiction. The Court based its decision on a strict construction of the Texas Tort Claims Act and the Workers' Compensation statutes, finding no clear legislative intent to permit such damages. A dissent argued that Section 5 of Article 8306, as incorporated, creates a cause of action for exemplary damages.