Sullivan v. City of Ft. Worth, et al
May 20, 2011OUTCOME: Reversed on key points. This appellate case was affirmed on the issue of negligent design of the premises but was reversed on the issue of negligent operation and maintenance of the park facilities.
My client was a wedding guest at an outdoor wedding held at the Japanese Gardens in Ft. Worth. After the wedding, my client was injured when she fell while descending a section of dark, unlit stairs. T ... he City claimed governmental immunity for the incident and argued that the Recreational Use Statute applied to outdoor weddings. The City also argued that my clients were licensees of the park and not invitees, and therefore, had to prove actual knowledge of the lighting defect. The trial court agreed with the City on all points and granted the City's motion for summary judgment and plea to jurisdiction. The case was appealed, and after briefing and oral argument, the Second Court of Appeals-Ft. Worth disagreed with the trial court on key points and reversed for trial on the merits. The appellate court held that the Recreational Use Statute was not applicable to an outdoor wedding and the Sullivan's were invitees and not licensees. On further appeal by the City, the Texas Supreme Court agreed with the Ft. Worth Court of Appeals.
