County of Harris, Texas, Petitioner v. James Eaton, Respondents

Summary

The Texas Supreme Court affirmed the trial and appellate courts, holding that Harris County owed a duty to warn of the large roadway hole as a "special defect" under the Tort Claims Act, and therefore was liable for the plaintiffs' injuries. The Court applied ejusdem generis to include the hole within the class of excavations or obstructions, and found the County should have known of the condition. Justice Steakley dissented, arguing the hole does not qualify as a special defect and that the majority’s construction exceeds the statute.