Legal Opinion

Martinez v. Harris County

Texas Court of Appeals, 1st District (Houston)

Decided April 18, 1991No. 01-90-00723-CVPublishedCited by 14 opinions

1Opinion of the Court

OPINION

O’CONNOR, Justice.

The question presented here is: Does the recreational use statute apply to governmental entities? We hold it does and we affirm the summary judgment in favor of Harris County.

Ruben Martinez sued Harris County for personal injuries, alleging the County negligently installed a swing in one of its parks. In April of 1989, as Martinez was swinging on a swing-set at Sylvan Beach Park, he was hurt when the swing became unhooked from the chain. Martinez alleged the County did not properly squeeze shut the “S” hook that attaches the swing to the chain.

The trial court, relying…

2Cases cited17 opinions

  1. Nixon v. Mr. Property Management Co.Texas Supreme Court · 1985
  2. Sax v. VottelerTexas Supreme Court · 1983
  3. State v. TerrellTexas Supreme Court · 1979
  4. County of Harris v. EatonTexas Supreme Court · 1978
  5. Spring Branch I.S.D. v. StamosTexas Supreme Court · 1985

12 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. City of Dallas v. MitchellTexas Supreme Court · 1994
  2. City of Bellmead v. TorresTexas Supreme Court · 2002
  3. Scrapchansky v. Town of PlainfieldSupreme Court of Connecticut · 1993
  4. Garay v. State, Texas Court of Appeals, 1st District (Houston)1997
  5. Spencer v. City of Dallas, Texas Court of Appeals, 5th District (Dallas)1991

9 more not listed; retrieve them via the Exa API.

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