Supreme Court of Texas

In a wrongful death suit against a city arising from a collapse of a solid rock causing decedent to fall to his death, judgment of the court of appeals is reversed as, under the recreational use statute, a landowner generally owes no duty to recreational users to warn or protect recreational users against the danger of a naturally occurring condition or otherwise refrain from gross negligence with respect to the condition.

Appellate Information

• Argued 02/03/2009
• Decided 11/20/2009
• Published 11/20/2009

Judges

• Justice GREEN delivered the opinion of the Court, in which Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, Justice MEDINA, Justice JOHNSON, Justice WILLETT, and Justice GUZMAN joined as to Parts I-V, and in which Chief Justice JEFFERSON joined as to Part IV.

Court

• Supreme Court of Texas

Counsel

• For Appellant:
  
• Charles D. Olson, C. Alfred MacKenzie, Haley & Olson, P.C., Waco, TX, for Petitioner., David S. Morales, Danica Lynn Milios, Office of Attorney General of Texas, Austin, TX, for Amicus Curiae The State of Texas., Ramon G. Viada III, Viada & Strayer, The Woodlands, TX, for Amicus Curiae Texas Municipal League.


• For Appellees:
  
• Jeffery Mundy, Michael C. Singley, Mundy & Singley, LLP, Austin, TX, for Respondent.