A Texas court has upheld a ruling that denies Webber, LLC's motion for summary judgment in a case involving a pedestrian injury. The decision, issued by the Texas Court of Appeals on October 28, 2026, affects Webber, a road construction contractor, and Rachel Preter, the injured pedestrian. This ruling is significant as it clarifies the conditions under which contractors can claim immunity from liability while working on state highway projects.

The case stems from an incident that occurred on March 23, 2023, when Preter was walking to school and was struck by a vehicle while crossing a highway intersection under construction. Preter sustained severe injuries and subsequently filed a lawsuit against Webber and other parties, claiming negligence in the execution of the traffic control plan.

Background

Webber, LLC is a contractor that was engaged in expanding State Highway 36 in West Columbia, Texas, under a contract with the Texas Department of Transportation (TxDOT). The incident that led to the lawsuit occurred at the intersection of Business Interstate Highway 35 and SH-36, where Preter was attempting to cross the highway.

In her lawsuit, Preter alleged that Webber failed to exercise ordinary care in implementing the traffic control plan. She claimed that the company did not adequately barricade the intersection, remove crosswalk striping, close the intersection to pedestrians, or comply with the Texas Manual on Traffic Control Devices. Preter argued that these failures created a dangerous situation that led to her being struck by a vehicle.

Webber responded by filing a motion for summary judgment, asserting that it was immune from liability under section 97.002 of the Texas Civil Practice and Remedies Code. This section provides immunity to contractors working on highway construction for injuries that occur while they are in compliance with contract documents. The trial court denied Webber's motion and overruled its objections to Preter's evidence, prompting Webber to appeal the decision.

The Ruling

The Texas Court of Appeals, consisting of Justices Irene Rios, Lori Massey Brissette, and H. Todd McCray, affirmed the trial court's decision. The court ruled that Webber did not conclusively establish its entitlement to immunity under section 97.002. The opinion stated, "Webber failed to establish immunity by conclusively proving it was in compliance with contract documents material to the condition or defect that was the proximate cause of Preter’s personal injuries."

The court emphasized that while Webber qualified for immunity as a contractor, the evidence presented did not conclusively prove that the company was in compliance with the relevant contract documents at the time of the incident. The court noted that a genuine issue of material fact existed regarding whether the intersection should have been closed to pedestrian traffic and whether Webber should have removed the crosswalk markings.

Impact

This ruling has significant implications for contractors working on public projects in Texas. It clarifies that contractors cannot assume immunity from liability simply by being engaged in a construction project for TxDOT. They must also demonstrate compliance with specific contract requirements at the time of any incident that leads to injury. The decision reinforces the need for contractors to carefully adhere to safety protocols and traffic control measures to protect pedestrians and avoid liability.

The ruling may also encourage other injured parties to pursue claims against contractors if they believe that negligence contributed to their injuries. It sets a precedent that emphasizes the importance of compliance with safety regulations and contract specifications in construction projects.

What's Next

Webber, LLC may consider appealing the decision to a higher court, although details were not available in the court filing regarding any plans for further legal action. The outcome of this case could influence future lawsuits involving contractor liability in Texas, particularly in relation to highway construction projects.