Texas Jury Awards $225K in Pothole Crash Negligence

On March 10, 2015, two separate vehicle incidents occurred on Ranch to Market Road 652 in Loving County, Texas. In the first incident, a welder, driving a pickup truck, struck potholes, lost control, and veered off the road. Minutes later, a service technician, driving a Ford F-550 with a steel tank, also struck potholes, lost control, and rolled over, striking the first vehicle. The impact pushed the first vehicle into the welder, who had exited his truck, causing him a fractured ankle. The service technician sustained bruises.

The plaintiffs sued the state Department of Transportation under the Texas Tort Claims Act, alleging the potholes constituted a "special defect" and that the department's failure to adequately warn drivers of recurring hazardous road conditions created a false sense of security. Witnesses testified to the road's poor condition and numerous prior complaints to the department. The defense asserted sovereign immunity and contended the potholes were an open and obvious condition, for which an adequate warning sign had been posted miles away. The department denied the "special defect" claim and argued the accidents were due to the plaintiffs' own negligence, citing testimony from an accident reconstruction expert that potholes do not affect vehicle stability.

The trial took place in Reeves County, following a venue change from Loving County. The court ruled that the potholes did not constitute a "special defect," instructing the jury to apply a licensee standard of care. The jury found the state Department of Transportation negligent for both incidents. For the first incident, the jury apportioned 75% of the fault to the department and 25% to the first plaintiff. For the second, they assigned 60% fault to the department and 40% to the second plaintiff. The jury awarded a total of $225,000 in damages, which were then reduced by comparative fault. The first plaintiff received $131,250, and the second plaintiff received $30,000.