State v. Ricky Shumake and Sandra Shumake, Individually and as Personal Representatives of the Estate of Kayla Shumake

OPINION

BEA ANN SMITH, Justice.

A child drowned in a man-made culvert while swimming in the Blanco River in Blanco State Park. Her parents, Ricky and Sandra Shumake, brought suit against The State of Texas, acting through the Texas Department of Parks and Wildlife, and the Texas Department of Parks and Wildlife (collectively the “Parks Department”) for their daughter’s wrongful death, alleging that the culvert was a special or premise defect and a nuisance or attractive nuisance. The Shumakes contended that the Texas Tort Claims Act waives sovereign immunity for their claims. See Tex. Civ.…