Legal Opinion

City of San Antonio and San Antonio River Authority v. Osvaldo Peralta

Texas Court of Appeals, 4th District (San Antonio)

Decided September 16, 2015No. 04-15-00254-CVPublishedCited by 9 opinions

1Opinion of the Court

OPINION

Opinion by:

Patricia 0. Alvarez, Justice

Appellants City of San Antonio and San Antonio River Authority were sued by Ap-pellee Osvaldo Peralta for damages from injuries he suffered from a bicycle accident on the San Antonio River Walk. Peralta alleged Appellants’ immunity is waived under the premises defect and special defect liability provisions in the Texas Tort Claims Act. In their separate pleas to the jurisdiction, Appellants argued the recreational use statute applies, and their duty to Peralta is only- what, they owe a trespasser. The trial court denied Appellants’ pleas, and…

2Cases cited24 opinions

  1. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  2. Science Spectrum, Inc. v. MartinezTexas Supreme Court · 1997
  3. State v. ShumakeTexas Supreme Court · 2006
  4. Kerry Heckman, on Behalf of Themselves and All Other Persons Similarly Situated v. Williamson CountyTexas Supreme Court · 2012
  5. State Department of Highways & Public Transportation v. PayneTexas Supreme Court · 1992

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3Cited by9 opinions

  1. City of Baytown v. Fabio Fernandes, Texas Court of Appeals, 1st District (Houston)2023
  2. Jane Doe, Individually and as Next Friend of John Doe, a Minor v. Hurst-Euless-Bedford Independent School District, Texas Court of Appeals, 2nd District (Fort Worth)2021
  3. Joseph Gonzalez v. Bandera County, Texas Court of Appeals, 4th District (San Antonio)2016
  4. Max Nelson and Carolyn Nelson, as Co-Guardians of Matthew Nelson v. City of Plano, Texas Court of Appeals, 5th District (Dallas)2022
  5. Max Nelson and Carolyn Nelson, as Co-Guardians of Matthew Nelson v. City of Plano, Texas Court of Appeals, 5th District (Dallas)2022

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