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TEXAS DEPT. OF TRANSP. v. GUTIERREZ

No. 07-1013.

284 S.W.3d 848 (2009)

TEXAS DEPARTMENT OF TRANSPORTATION, Petitioner, v. Stephanie GUTIERREZ and Ronnie Gutierrez, Respondents.

Supreme Court of Texas.

May 22, 2009.

Attorney(s) appearing for the Case

Greg W. Abbott, Atty. Gen., Kent C. Sullivan, First Asst. Atty. Gen., David S. Morales, Rafael Edward Cruz, and C. Michael Ratliff, Office of Atty Gen., Adam Warren Aston, Asst. Solicitor Gen., James C. Ho, Office of Atty. Gen., and Clarence Andrew Weber, First Asst. Atty. Gen., Austin, TX, for Petitioner.

Michael Brett Anthony, Anthony Peterson & Purnell LLP, Thomas F. Nye and Robert William Clore, Vidaurri, Lyde, Gault & Quintana, L.L.P., Corpus Christi, TX, for Respondents.

PER CURIAM.

This appeal poses the same question we answer in another case decided today, Texas Department of Transportation v. York, 284 S.W.3d 844 (Tex.2009): whether loose gravel on a road is a "special defect" under Texas Civil Practice and Remedies Code section 101.022(b). Because the court of appeals' decision is incompatible with York's holding that loose gravel is not a special defect as a matter of law, we...

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