MARTINEZ v. HARRIS COUNTY

No. 01-90-00723-CV.

808 S.W.2d 257 (1991)

Ruben MARTINEZ, Appellant, v. HARRIS COUNTY, Appellee.

Court of Appeals of Texas, Houston (1st Dist).

Rehearing Denied May 9, 1991.


Attorney(s) appearing for the Case

Donald Burger, Houston, for appellant.

Frank M. Sanders, Asst. County Atty., for appellee.

Before O'CONNOR and COHEN, JJ., and GERALD T. BISSETT, Assigned Justice.


OPINION

O'CONNOR, Justice.

The question presented here is: Does the recreational use statute apply to governmental entities? We hold it does and we affirm the summary judgment in favor of Harris County.

Ruben Martinez sued Harris County for personal injuries, alleging the County negligently installed a swing in one of its parks. In April of 1989, as Martinez was swinging on a swing-set at Sylvan Beach Park, he was hurt when the swing became unhooked...

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