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J. Bourliot finds that the trial court properly denied TxDOT's dismissal and summary judgment motions in a suit stemming from a driver's rollover accident on a slick highway that had recently been repaired. There is a genuine issue of material fact as to whether the agency had actual notice. TxDOT "was subjectively aware that the police officer responding to the scene attributed the cause of that crash and six other crashes occurring in the same area in the same timeframe to the slickness of the new road surface when wet." Affirmed.