455 S.W.3d 640
Tex. App.2013Background
- Williamses attended their daughter's high school soccer game at UTA's Maverick Stadium; Sandra opened a chain-and-padlock gate, fell ~5 feet to the track, injuring her arm and rib.
- They sued UTA alleging the swinging gate was inadequately secured, with a faulty latch and chain/lock, and asserting various maintenance failures and lack of warnings.
- Steve asserted a derivative loss of consortium claim.
- UTA moved to dismiss/plead to jurisdiction, arguing the recreational use statute limits liability, and that Sandra failed to show gross negligence or willful/malicious conduct; Steve's claim also challenged.
- The Williamses argued Sandra wasn't engaging in recreation at injury time and presented evidence of gross negligence; trial court denied the motion, prompting appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Sandra was engaged in recreation under the statute | Williamses: Sandra not playing; spectating not recreation | UTA: spectating constitutes recreation under statute | Recreational use statute does not apply |
| Whether UTA had knowledge of the dangerous condition (gross negligence) | Williamses: evidence shows UTA knew latch broken, used chain/padlock with known failure risk | UTA: no gross negligence shown | Fact issue as to gross negligence; evidence supports extreme-risk awareness |
| Whether Steve provided the required notice under 101.101 | Steve's claim derivative; Sandra's notice suffices; UTA on notice of Steve through Sandra | UTA: Steve failed to provide six-month notice | UTA had adequate notice of Steve's claims |
Key Cases Cited
- Shumake v. CMH Homes, Inc., 199 S.W.3d 279 (Tex. 2006) (construction of knowledge under TTCA notice requirements)
- Simons v. Department of Criminal Justice, 140 S.W.3d 338 (Tex. 2004) (subjective awareness and notice standards under TTCA)
- City of Bellmead v. Torres, 89 S.W.3d 611 (Tex. 2002) (recreational-use statute scope and governing factors)
- In re Labatt Food Serv., L.P., 279 S.W.3d 640 (Tex. 2009) (loss-of-consortium analysis and derivative claims)
- City of Dallas v. Patrick, 347 S.W.3d 452 (Tex. App.—Dallas 2011) (principles on recreational-use statute and immunity waiver)