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CITY OF FORT WORTH v. CROCKETT

No. 2-03-297-CV.

142 S.W.3d 550 (2004)

CITY OF FORT WORTH, Appellant, v. Craig CROCKETT, Appellee.

Court of Appeals of Texas, Fort Worth.

July 29, 2004.

Attorney(s) appearing for the Case

Luis E. Fierros, and James A. Riddell, Senior Asst. City Attorneys, Fort Worth, for Appellant.

Chip N. Searcy, Fort Worth, for Appellee.

Panel A: CAYCE, C.J.; LIVINGSTON and GARDNER, JJ.

OPINION ON REHEARING

JOHN CAYCE, Chief Justice.

We withdraw our prior opinion and judgment and substitute the following. We deny Crockett's motion for rehearing and rehearing en banc.

In this recreational use case, the primary issue we must decide is whether the City of Fort Worth has waived its immunity from a suit by Craig Crockett, a recreational user of a bike path in a city park, for the City's alleged failure to fully barricade a dangerous...

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