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STATE v. SHUMAKE

No. 04-0460.

199 S.W.3d 279 (2006)

The STATE of Texas and the Texas Parks and Wildlife Department, Petitioners, v. Ricky SHUMAKE and Sandra Shumake, Individually and as Personal Representative of the Estate of Kayla Shumake, Deceased, Respondents.

Supreme Court of Texas.

Decided June 23, 2006.

Rehearing Denied September 22, 2006.

Attorney(s) appearing for the Case

Danica Lynn Milios, Greg Abbott, Attorney General, Barry Ross McBee, Edward D. Burbach, Rafael Edward Cruz, S. Ronald Keister, Office of the Attorney General, Austin, for petitioners.

Les Mendelsohn, Les Mendelsohn & Associates, P.C., Ricky J. Poole, Law Offices of Ricky J. Poole, San Antonio, for respondents.

Luis E. Fierros, Assistant City Attorney, Office of the City Attorney, Fort Worth, Houston, for Amicus Curiae City of Fort Worth.

Ramon G. Viada III, Abrams Scott & Bickley, L.L.P., Houston, for Amici Curiae Texas Municipal League and Texas City Attorneys' Association.

Justice MEDINA delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice HECHT, Justice O'NEILL, Justice GREEN, and Justice JOHNSON joined.

In this case we consider the effect of the recreational use statute on a premises liability claim against the state. TEX. CIV. PRAC. & REM. CODE §§ 75.001-.004. The Tort Claims Act waives the state's sovereign immunity for premises defects or injuries caused by "a condition or use of . . . real...

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