Legal Opinion

Howard v. East Texas Baptist University

Texas Court of Appeals, 6th District (Texarkana)

Decided December 4, 2003No. 06-03-00004-CVPublishedCited by 7 opinions

1Opinion of the Court

OPINION

Opinion by

Chief Justice MORRISS.

While visiting an outdoor swimming pool, which was owned by East Texas Baptist University (ETBU) and made publicly available for a nominal fee, Michelle Howard allegedly injured her back when the pool’s diving board “double bounced.” She contends the diving board’s fulcrum was improperly positioned, so one side of the board was unsupported and she was “propelled upward in an unstable manner and in an unexpected direction.” Howard alleges that her automatic attempt to correct herself in midair resulted in injuries to her back.

Based on this occurrence,…

2Cases cited18 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  3. Transportation Insurance Co. v. MorielTexas Supreme Court · 1994
  4. Rogers v. Ricane Enterprises, Inc.Texas Supreme Court · 1989
  5. Villegas v. CarterTexas Supreme Court · 1986

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3Cited by7 opinions

  1. RDG PARTNERSHIP v. Long, Texas Court of Appeals, 4th District (San Antonio)2011
  2. City of Dallas v. Hughes, Texas Court of Appeals, 5th District (Dallas)2011
  3. University of Texas Health Science Center at Houston v. Garcia, Texas Court of Appeals, 14th District (Houston)2011
  4. City of Baytown v. Fabio Fernandes, Texas Court of Appeals, 1st District (Houston)2023
  5. Cynthia Walker, Individually and on Behalf of the Estate of Norman Walker Stephen Walker Stephanie Walker Hatton Jordan Walker And Caren Ann Johnson v. UME, Inc. D/B/A Camp Huaco Springs WWGAF, Inc. D/B/A Rockin 'R' River Rides William George Rivers And Richard Duane Rivers, Texas Court of Appeals, 3rd District (Austin)2015

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