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

Summary

The Texas Supreme Court affirmed the trial court and Court of Civil Appeals, holding that Harris County owed a duty to warn of the large roadway hole as a "special defect" under section 18(b) of the Tort Claims Act, and that the County should have known of the condition. The Court applied the ejusdem generis rule to include such holes within the class of excavations or obstructions. Justice Steakley dissented, arguing the hole was merely wear‑and‑tear and not a special defect.