Harris County Jury Awards $9,973 in Pavement Defect Injury
One driver was traveling on a highway when he encountered a hole in the pavement. His tire blew out, causing him to lose control. He claimed the hole aggravated a pre-existing shoulder injury. The state agency responsible for the road was sued for premises liability, alleging they knew or should have known about the dangerous condition. The defense argued the condition was pre-existing and the driver was negligent.
Case Information Updated: October 2025
Case Outcome
- Outcome
- Verdict-Plaintiff
- Amount
- $9,973
- County
- Harris County, TX
- Resolved
- 2015
Injury & Accident Details
- Injury Type
- Shoulder Injury
- Accident Type
- Other
- Case Type
- Aggravation of Pre-existing Condition, Shoulder, Rotator Cuff
Case Overview
In October 2011, a plaintiff was driving a compact car eastbound on Interstate 10 in Harris County, Texas. While moving to the outside shoulder to yield to an approaching fire truck, the plaintiff's vehicle struck a rectangular hole in the pavement, causing a right front tire blowout. The hole, approximately two feet long and several inches deep, had resulted from the removal of a traffic-counting device and had not been refilled. The plaintiff alleged a shoulder injury.
The plaintiff filed a premises liability lawsuit against the Texas Department of Transportation, alleging the hole constituted an unreasonably dangerous "special defect" that the agency knew or should have known about. The court ruled that the hole was a special defect as a matter of law. The defendant denied knowledge of the condition and contended that the plaintiff was negligent for failing to keep a proper lookout. The plaintiff claimed the incident aggravated a pre-existing partial rotator cuff tear, while the defense argued the injury was entirely pre-existing and noted a six-month gap in the plaintiff's treatment history.
After a two-day trial, a jury found the Texas Department of Transportation negligent and awarded the plaintiff $9,973. The jury's finding of negligence was based on the determination that the defendant "knew or should have known" of the dangerous condition. The jury did not find the defendant negligent based on "actual knowledge," nor did it find the plaintiff comparatively negligent. The award included damages for past medical costs, past physical impairment, past lost earning capacity, and past physical pain.
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