Texas Supreme Court

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

December 31, 198024 Tex. Sup. Ct. J. 157

Summary

The Texas Supreme Court held that the State has not waived sovereign immunity for exemplary damages in a wrongful‑death suit against a highway department employee, affirming the lower courts' dismissal. Justice Campbell dissented, arguing that the statutory scheme creates a cause of action for such damages.