the yard and discovered the hydraulic leak, and so he asked Mr. Walsh Parnell, a mechanic, to fix it. Before Mr. Parnell began the repair, a female officer from the local police department arrived and informed Mr. Massey about Mr. Mackey’s crash. Our review of the record shows that there was no evidence to establish that TxDOT had actual knowledge of the condition at the intersection, or that TxDOT, through the exercise of ordinary care, could have warned or made the condition safe. Because TxDOT objected to the omission of the necessary elements of a premises defect claim at trial, and Mr. Mackey failed to obtain jury findings on these elements, Mr. Mackey cannot recover under a premises defect claim. See York, 284 S.W.3d at 848; Gutierrez, 284 S.W.3d at 850; Payne, 838 S.W.2d at 241 (<HOLDING>). Thus, the verdict does not support a judgment
holding that by including a knowledge element in two sections of a statute the legislature demonstrated that it knew how to express its intent to require a knowledge element rendering the absence of the element in another statute supportive of the inference that the legislature did not intend for there to be a knowledge element holding omission in the jury instruction of element of offense requires a new trial holding that the omission of an element from jury in structions was not plain error where the underlying fact supporting the element was undisputed based on the uncontradicted testimony of a government witness holding that the omission of an element from the jury charge is subject to harmlesserror review holding that knowledge element could not be deemed in favor of plaintiff where defendant objected to the omission of that element from the jury charge