TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
JUDGMENT RENDERED MAY 9, 2019
NO. 03-18-00153-CV
Texas Department of Transportation, Appellant
v.
Albert Lara, Jr., Appellee
APPEAL FROM THE 345TH DISTRICT COURT OF TRAVIS COUNTY
BEFORE CHIEF JUSTICE ROSE, JUSTICES BAKER AND SMITH
AFFIRMED IN PART; REVERSED AND RENDERED IN PART –
OPINION BY JUSTICE SMITH;
CONCURRING AND DISSENTING OPINION BY CHIEF JUSTICE ROSE
This is an appeal from the interlocutory order signed by the trial court on February 21, 2018.
Having reviewed the record and the parties’ arguments, the Court holds that there was reversible
error in the trial court’s interlocutory order to the extent it overruled the Texas Department of
Transportation’s plea to the jurisdiction on Lara’s retaliation claim. Therefore, the Court
reverses the part of the order overruling that plea and renders judgment dismissing the retaliation
claim with prejudice. The Court affirms the remainder of the trial court’s judgment. Each party
shall bear its own costs relating to this appeal, both in this Court and in the court below.