McMillan v. Parker

JONES, Justice.

Appellant Kay McMillan sued appellee Richard Parker to recover damages for personal injuries allegedly sustained as a result of Parker’s negligence. Based on its interpretation of the Texas “recreational-use statute,” Tex.Civ.Prac. & Rem.Code Ann. §§ 75.001-.003 (West 1986 & Supp.1995), the trial court rendered summary judgment in favor of Parker. McMillan contends on appeal that the trial court erred in its application of the statute to the facts of this case and that material issues of fact exist with regard to the duties Parker owed her. We will reverse the summary judgment…