Lawson v. City of Diboll (Per Curiam)Annotate this Case
Plaintiff, a spectator at a youth softball game was injured in a trip-and-fall accident while exiting a baseball complex in a City park. Plaintiff filed a premises-liability lawsuit against the City, alleging that the City violated its duty of ordinary care by creating an unreasonable risk of harm and failing to provide a safe walkway passage. The City filed a plea to the plea to the jurisdiction asserting that it retained its immunity from suit under the recreational use statute, which raises the liability standard required to trigger the Texas Tort Claims Act’s immunity waiver in premises-defect cases involving lands opened to the public for “recreation.” The trial court denied the plea. The court of appeals reversed, concluding that spectating at a sporting event constitutes recreation. The Supreme Court reversed, holding that spectating at a competitive-sporting event is not “recreation” under the recreational use statute. Remanded.