State v. Shumake

in which Chief Justice JEFFERSON, Justice HECHT, Justice O’NEILL, Justice GREEN, and Justice JOHNSON joined.

In this case we consider the effect of the recreational use statute on a premises liability claim against the state. Tex. Civ. Peac. & Rem. Code §§ 75.001-.004. The Tort Claims Act waives the state’s sovereign immunity for premises defects or injuries caused by “a condition or use of ... real property.” Tex. Civ. PRAC. & Rem. Code § 101.021. The State contends here, however, that the recreational use statute effectively reinstates immunity for premises liability claims arising on…