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HOUSTON — The First Court of Appeals has erased a jury verdict of more than $158,000 levied against the City of Houston in a lawsuit brought after a man’s vehicle fell into a sinkhole.
The lawsuit was filed by Roddrich Robinson, who alleged the city was negligent in failing to maintain the road.
According to his petition, on May 14, 2017, Robinson was driving his truck on Beckley Street and attempted to make a left turn onto Dewalt Street. However, a city water line and hydrant had broken open and washed away the pavement, creating a massive sinkhole in the middle of the street.
Robinson’s truck “crashed into the hole.” He alleged that a Houston Police Department officer told him that “he had seen the sinkhole earlier in the day and reported it,” but the city’s Public Works Department had not arrived on scene to fix the hole until after it was notified of Robinson’s accident.
After his truck fell into the sinkhole, Robinson climbed out the window and onto the roof of his truck. He was soaking wet from water entering the truck.
In response to the suit, the city asserted Robinson’s claim was barred by governmental immunity, court records show.
At trial, the jury found that the city’s negligence caused Robinson’s injuries, awarding him $158,852.95 in damages.
Following the award, the city argued that the trial court should render a take-nothing judgment on Robinson’s negligence claim because he did not put forward any evidence that it had actual knowledge of the sinkhole. Instead, the evidence showed that “Robinson was driving on the roadway when the asphalt disintegrated underneath [his] vehicle and it fell into a sinkhole which appeared suddenly.”
On August 27, the First Court concluded there is no evidence that the city had actual knowledge of the sinkhole when Robinson’s accident occurred and that the city’s immunity was not waived.
“We reverse the trial court’s judgment and render judgment that Robinson take nothing on his claim against the city,” the opinion states.
Appeals case No. 01-24-00495-CV
