Texas Department of Transportation v. York

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.

On October 29, 2003, Rebecca York lost control of her vehicle while crossing a patch of loose gravel on Farm-to-Market Road 979 in Robertson County. She crossed the…