Lisa Karl v. Brazos River Authority

DISSENTING OPINION

MIKE WILLSON, JUSTICE

The majority holds that Lisa Karl was engaged in activity related to “swimming,” thus engaged in “swimming” and “recreation,” 1 when she fell and broke her ankle at the North Í) & D Public Use Area, a beach and swimming area on Possum Kingdom Lake owned by the Brazos River Authority,2' and' that the recreational use statute3 bars her negligence claim for her injuries.' I respectfully dissent because I would hold she was not engaged in recreation at the time of her injury.

I. Background Facts

Karl and her sister, along with their children, all rode in…