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Click here for the full text of this decision FACTS:Roberto Castillo was killed when his vehicle, heading northbound, collided head-on with Carol Sunderland’s southbound vehicle in a construction zone that Price Construction created and controlled, and which the evidence showed was poorly marked. A jury found Price 80 percent responsible for the accident, but a divided court of appeals reversed, holding there was no evidence to show that Price had actual knowledge of the construction zone’s unreasonably dangerous condition. This court denied the petition for review. DISSENT:O’Neill, J. “Coffee and Keetch continue to stand for the proposition that juries may, but need not, infer that a defendant had actual knowledge of a dangerous condition that it created. The Court’s decision to uphold the jury’s contrasting findings in Coffee and Keetch illustrates the point: it is within the factfinder’s province to decide whether an inference of actual knowledge against one who creates a dangerous condition is justified in light of the circumstances presented. “In this case, Price’s absolute control of the construction-zone premises was undisputed. . . . “[I]t would not have been unreasonable for the jury to infer that Price had knowledge of the safety deficiencies that proximately caused Castillo’s death, even if they were not specifically cited in the Texas Department of Transportation reports. “The creator of a dangerous condition may not escape responsibility by looking the other way and claiming no knowledge of the danger it created. Because the court of appeals’ decision increases the likelihood that defendants will do just that, I respectfully dissent from the Court’s decision to deny review.”

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