Texas Department of Transportation v. O'Malley

OPINION

Opinion by

Justice HINOJOSA.

Appellant, Texas Department of Transportation (“TxDOT”), appeals from the trial court’s finding of a special defect under the Texas Tort Claims Act, a jury verdict in favor of appellees, Kevin O’Malley, Next Friend of Steven Losolla, Elizabeth Losol-la, Nicole Losolla, and Lorenzo Losolla, Minor Children, and Emma Jean Losolla, and the trial court’s denial of its motion for judgment notwithstanding the verdict. By three points of error, TxDOT contends the trial court erred by ruling as a matter of law that the loose gravel condition on the roadway was a…