Texas Department of Transportation v. Gutierrez

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 reverse and dismiss the case for lack of subject-matter jurisdiction.

The morning of December 5, 2003, Stephanie Gutierrez (Gutierrez) was commuting to work on FM 624 in Jim Wells County. The…