Texas Supreme Court
Texas Department of Transportation, Petitioner v. Jimmy Don York
May 22, 200952 Tex. Sup. Ct. J. 777
Summary
The Texas Supreme Court held that a layer of loose gravel on a roadway is not a "special defect" under Tex. Civ. Prac. & Rem. Code §101.022(b), reversed the Court of Appeals' judgment, and dismissed the wrongful‑death action. It also concluded that the plaintiff could not recover under a premise‑defect claim because the required knowledge elements were not proven.