University of Texas at Austin v. Garner (Per Curiam)Annotate this Case
In this personal injury case where Plaintiff sued a state university for negligence the Supreme Court reversed the judgment of the court of appeals affirming the trial court's denial of the university's plea to the jurisdiction, holding that the Recreational Use Statute applied and that the Tort Claims Act therefore did not waive the university's immunity with respect to Plaintiff's ordinary negligence claim.
Plaintiff sued the University of Texas at Austin seeking damages for injuries she received when she was struck by a vehicle driven by a university employee while she was bicycling on university-owned property. The University filed a plea to the jurisdiction, arguing that the Recreational Use Statute classified Plaintiff as a trespasser and because Plaintiff failed to allege or produce evidence of conduct beyond ordinary negligence, the Tort Claims Act did not waive its immunity. The trial court denied the plea. The court of appeals affirmed, holding that the Recreational Use statute did not apply. The Supreme Court reversed, holding (1) the Recreational Use Statute applied; and (2) because Plaintiff did not assert claims premised on conduct involving malicious intent, bad faith, or gross negligence, the Tort Claims Act did not waive the University's immunity from suit.