Lipton v. Wilhite

OPINION

HUTSON-DUNN, Justice.

In this ease, we are presented with a single issue for review: does the Texas recreational use statute apply when a social guest sues a landowner for injuries incurred while engaging in a recreational activity on the owner’s property? We hold that it does not. We reverse the take-nothing summary judgment that the trial court rendered in favor of the landowner and remand this case for trial.

I. Summary of Facts

The appellant, Robert Lipton, was seriously injured when he dove from a dock on Lake Livingston that was owned and occupied by the appellee, George Wilhite. 1…