TEXAS DEPT. OF TRANSP. v. YORK

No. 07-0743.

284 S.W.3d 844 (2009)

TEXAS DEPARTMENT OF TRANSPORTATION, Petitioner, v. Jimmy Don YORK, individually and on behalf of the estate of Rebecca York, deceased and James R. Bodiford, Jr., individually and on behalf of the estate of Rebecca York, Tonya Bodiford, and Shirley Fowler, Respondents.

Supreme Court of Texas.

May 22, 2009.


Attorney(s) appearing for the Case

Greg W. Abbott, Atty. Gen., Kent C. Sullivan, Clarence Andrew Weber, First Assistant Attorney General, David S. Morales, Rafael Edward Cruz, David Bass Strain, James C. Ho, Office of the Attorney General, Adam Warren Aston, Assistant Solicitor General, Austin, TX, for Petitioner.

Ron Butler, Cedar Park, TX, Chad Bassett Matthews, Sanes Matthews & Forester, P.C., League City, TX, for Respondent.


PER CURIAM.

We grant petitioner's motion for rehearing, withdraw our per curiam opinion issued December 5, 2008, and substitute the following in its place.

In this case, we decide whether loose gravel on a road is a "special defect" under Texas Civil Practices and Remedies Code section 101.022(b). We hold that loose gravel is not a special defect as a matter of law, and therefore, reverse the court of appeals' judgment and dismiss the case.

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