TXI Operations, L.P. v. Perry

in which Chief Justice JEFFERSON, Justice O’NEILL, Justice WAINWRIGHT, Justice BRISTER, and Justice JOHNSON joined.

Rural unpaved roads with potholes at the cattle guards are quite common in this state. In this case, an invitee truck driver drove through one of those potholes several times, claiming injury on one of his last trips, and sued the landowner for its failure to adequately warn of the danger. The premises owner does not challenge whether it had a duty to warn,1 but claims instead that a fifteen miles-per-hour speed limit sign posted near the pothole was an adequate warning as a…