Calvin Clay has taken legal action against the City of Houston, alleging negligence after a harrowing incident involving an uncovered hole on a public street. The lawsuit was filed by Calvin Clay in the District Court of Harris County, Texas, on April 15, 2025, targeting the City of Houston as the defendant.
The case stems from an incident that occurred on January 23, 2025. According to the petition, Calvin Clay and his spouse were walking near the intersection of Old Spanish Trail and Conley when he attempted to retrieve a dropped item. Unexpectedly, Clay fell into an unmarked and uncovered hole in the street. The absence of barricades or warning signs made this hazardous condition invisible to pedestrians like Clay. As a result, he suffered significant physical injuries and emotional distress. The plaintiff's spouse managed to flag down help from a passing vehicle after the fall.
Clay's complaint asserts that the City of Houston had either actual or constructive knowledge of this dangerous condition due to its responsibility for maintaining public roadways and pedestrian paths. By failing to remedy or adequately warn about this hazard, Clay argues that the city breached its duty to maintain safe public premises. This breach allegedly resulted in negligence under both special defect and premises defect claims as outlined in the Texas Tort Claims Act (TTCA). The TTCA waives governmental immunity for claims arising from defects like these, thus allowing Clay's lawsuit to proceed.
The plaintiff is seeking damages within statutory limits set by the TTCA for severe bodily injuries sustained during the incident. These injuries have reportedly caused lasting effects on his health and well-being, including permanent physical impairment and mental anguish. Furthermore, Clay anticipates incurring future medical expenses related to ongoing care for his injuries. In addition to compensatory damages, he requests pre-judgment and post-judgment interest as permitted by law.
Representing Calvin Clay is attorney Justin Tuck from DeSouza Injury Law Firm based in San Antonio, Texas. The case has been assigned Case ID 2025-26315 with Judge Kerrylone Asberry presiding over proceedings at Harris County District Court.