Texas Department of Transportation v. Omalley

Appellant, Texas Department of Transportation ("TxDOT"), appeals from the trial courts finding of a special defect under the Texas Tort Claims Act, a jury verdict in favor of appellees, Kevin OMalley, Next Friend of Steven Losolla, Elizabeth Losolla, Nicole Losolla, and Lorenzo Losolla, Minor Children, and Emma Jean Losolla, and the trial courts 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 "special defect" and by overruling its motion for judgment notwithstanding the verdict. We affirm.