Johnson v. Smith

OPINION

Opinion by Justice DORSEY.

This is the appeal from a summary judgment granted in favor of Charles T. Smith on the grounds that Gregory Stewart Johnston’s claims for negligence against him were barred by Chapter 87 of the Texas Civil Practice and Remedies Code. While we hold that section 87.003 applies to immunize a person from the category of injuries within which Johnston’s claims fall, we also hold that there remains a genuine issue of material fact regarding whether one of the exceptions to immunity applies. Accordingly, we reverse and remand.

“Island Born,” a thoroughbred stallion…