Justices at oral argument split on whether TxDOT-specific immunity covers contractors on county tollway project

May it please the court — petitioners and respondents argued Tuesday over whether a provision in the Texas Civil Practice and Remedies Code protects subcontractors who worked on a Montgomery County segment of State Highway 249. Petitioners said the statute was intended to protect contractors who construct or repair parts of the state highway system; respondents said the statute applies only to contractors who contract for TxDOT itself.

The dispute arose in a wrongful-death and negligence suit tied to traffic-signal work performed on frontage roads alongside the SH 249 toll project. Counsel for petitioners, Mr. Goles, asked the justices to apply what he described as “a very simple straightforward answer,” saying the statute “protect[s] those contractors who construct or repair part of the state highway system.” He pointed to the Transportation Code and, in particular, the duties listed in section 224.031 to argue that a contractor whose work is on the state highway system qualifies for the statute’s protection.

Why it matters: The parties framed the case as a statutory-interpretation dispute that could narrow or expand immunity for contractors…