City of San Antonio v. Vasquez, 340 S.W.3d 844

This is an accelerated appeal from the trial court’s denial of the City of San Antonio’s plea to the jurisdiction.
Plaintiffs Arnold Vasquez, Mark Unger, and Kim Frame (and spouses) were injured on different dates while bicycling on a bridge on Mission Trails Phase 1 Bicycle Path and sued multiple defendants including the City.
Plaintiffs alleged the City owned or maintained the premises and owed a duty to provide safe conditions for invited users of the public bicycle path.
Plaintiffs claimed the City breached duties to warn or repair dangerous conditions and to inspect the premises, including construction defects by contractors.
The City raised a plea to the jurisdiction invoking the Recreational Use Statute, and the trial court denied the plea.
The court of appeals reverses, concluding the pleadings did not allege gross negligence or similar statutory basis to establish jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does the Recreational Use Statute bar claims unless gross negligence is pled?	Vasquez argues the City owed a duty and breached it without gross negligence; statute limits liability.	City argues plaintiffs must plead gross negligence/bad faith to defeat immunity under §75.002(c).	Yes; plaintiffs failed to plead gross negligence, so jurisdiction absent.
Did the pleadings establish jurisdiction under the Recreational Use Statute?	Vasquez alleged the City knew of dangerous conditions and failed to instruct contractors.	City contends pleadings do not show gross negligence or other basis for jurisdiction.	No; pleadings do not affirmatively establish jurisdiction.
Was amendment of pleading or response to the plea appropriate?	Plaintiffs did not amend or respond to the plea to cure defects.	Court should allow amendment if pleading sufficiency is lacking but not incurable.	Court reversed and dismissed because jurisdictional allegations were insufficient.

State v. Shumake, 199 S.W.3d 279 (Tex. 2006) (recreational user treated as trespasser; gross negligence required for liability)
Texas Dept. of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (subject-matter jurisdiction is a question of law; pleadings standards on jurisdiction)