Texas Department of Transportation v. York

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that a layer of loose gravel on a road does not constitute an obstruction or excavation and, thus, is not a special defect
• holding loose gravel was not an “excavation” because it did not create hole in the road
• holding a layer of loose gravel was not a special defect
• explaining that under a licensee standard, “a plaintiff must prove that the governmental unit had actual knowledge of a condition,” whereas under an invitee standard, a plaintiff need only prove that the governmental unit should have known of the condition
• describing cases in which these considerations have affected analysis of whether condition is like an excavation or obstruction
• refusing to define ―special defects‖ to include loose gravel because it did not share characteristics with the listed examples in the statute

Source: CourtListener parenthetical corpus (CC0).