Legal Opinion

Louie Lawson, Representative of the Estate of Carolyn Burns v. City of Diboll, Texas

Texas Supreme Court

Decided September 18, 2015No. 15-0037PublishedCited by 5 opinions

1Per curiam

In this premises-defeet case, a spectator at a youth softball game sustained injuries in a trip-and-fall accident while exiting a baseball complex in a city park. At issue is whether the recreational use statute encompasses the spectator’s claims against the city and, therefore, elevates the liability standard required to invoke the. Texas Tort Claims Act’s governmental-immunity waiver. See Tex. Civ. Prac. & Rem. Code §§ 75.001-.007; State v. Shumake, 199 S.W.3d 279, 281 (Tex.2006).' On interlocutory appeal from a trial-court order denying the city’s plea to the jurisdiction, the court of…

2Cases cited3 opinions

  1. State v. ShumakeTexas Supreme Court · 2006
  2. City of Bellmead v. TorresTexas Supreme Court · 2002
  3. University of Texas at Arlington v. Sandra Williams and Steve WilliamsTexas Supreme Court · 2015

3Cited by5 opinions

  1. City of Baytown v. Fabio Fernandes, Texas Court of Appeals, 1st District (Houston)2023
  2. City of Madisonville v. Ivan Aristides Cruz Hernandez, Andrew Diaz, Individually and as Representative of the Estate of Apolo Estrada Diaz, and Maria Diaz, as Representative of the Estate of Apolo Estrada Diaz, Texas Court of Appeals, 10th District (Waco)2022
  3. City of Midland and Washington Aquatic Center v. Herbert Bunch, Individually and as Next Friend of Trebreh Bunch, Texas Court of Appeals, 11th District (Eastland)2017
  4. City of San Antonio v. Nadine Realme, Texas Court of Appeals, 4th District (San Antonio)2024
  5. City of San Antonio v. Nadine RealmeTexas Supreme Court · 2026

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