Supreme Court of Texas

A landowner who dedicates a public easement for recreational purposes is entitled to the protection of the recreational use statute. In an action arising from circumstances in which plaintiff was riding her bike on a trail crossing defendant-university's campus and was knocked off her bike when she was hit by a stream of water from an oscillating sprinkler, a decision holding that the Texas Tort Claims Act waived university's sovereign immunity and that the recreational use statute did not apply is reversed as the recreational use statute does apply to the suit, and it operates under the undisputed facts to bar plaintiff's claim.

Appellate Information

• Argued 10/19/2006
• Decided 06/29/2007
• Published 07/06/2007

Judges

• Justice MEDINA delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice O'NEILL, Justice BRISTER, Justice GREEN, and Justice JOHNSON joined, and in all but Part III of which Justice HECHT, Justice WAINWRIGHT, and Justice WILLETT joined.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Greg Abbott, Attorney General of Texas, Rance L. Craft, Barry Ross McBee, Edward D. Burbach, Rafael Edward Cruz, John P. Giberson, Brenda E. Brockner, Office of the Attorney General of Texas, Austin, Kent Sullivan, Stinson Morrison Hecker LLP, Kansas City, MO, for Petioner.


• For Appellees:
  
• Thomas Stefan Allen, Nacogdoches, for Respondent.