Suarez v. City of Texas City, 465 S.W.3d 623

This interlocutory appeal concerns a municipality’s plea to the jurisdiction in a premises-liability drowning case at a man-made beach (Texas City Dike).
Plaintiff Edith Suarez sues for wrongful death/gross negligence, alleging artificial–natural condition convergence created hidden dangers and that Texas City failed to warn or protect swimmers.
Dike opened to recreation since 1963; after Hurricane Ike in 2008 many warnings/signs were destroyed and not all were replaced.
On Oct. 3, 2010, Suarez family visited the Dike; no area designated for swimming and no warning signs at the designated beach location.
Engineering expert opined that wave action, slippery submerged sand, and rip currents caused the drownings under interacting natural and man-made forces.
The trial court denied the jurisdictional plea; the court of appeals reversed; the issue is whether the recreational use statute and gross-negligence standard waive immunity.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does Texas City owe a duty to warn or protect recreational users under the recreational use statute?	Suarez—Texas City had duty due to artificial–natural condition interaction.	Texas City owed only trespasser-level duty; no duty to warn for open/obvious conditions.	No duty found beyond open/obvious risks; no gross negligence shown.
Is there some evidence of gross negligence by Texas City to defeat immunity?	Evidence shows extreme risk and awareness.	No evidence of subjective awareness of enhanced hazards; warnings not meeting standard.	No evidence of subjective knowledge of heightened danger; immunity preserved.

State v. Shumake, 199 S.W.3d 279 (Tex.2006) (duty to warn when artificial conditions interact with natural perils creating latent risk)
City of Waco v. Kirwan, 298 S.W.3d 618 (Tex.2009) (edge conditions inherently dangerous; not all risks require warning; open/obvious rule)
Stephen F. Austin State Univ. v. Flynn, 228 S.W.3d 653 (Tex.2007) (gross-negligence standard; subjective knowledge required)
City of Keller v. Wilson, 168 S.W.3d 802 (Tex.2005) (when equally consistent inferences exist, neither fact may be inferred; standard for knowledge)
City of Corsicana v. Stewart, 249 S.W.3d 412 (Tex.2008) (subjective awareness of dangerous condition at time of accident)
City of Bellmead v. Torres, 89 S.W.3d 611 (Tex.2002) (recreational-user open/obvious standard; statute interplay with immunity)