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CITY OF WACO v. KIRWAN

No. 08-0121.

298 S.W.3d 618 (2009)

CITY OF WACO, Petitioner, v. Debra KIRWAN, Individually and as Representative of the Estate of Brad McGehee, Deceased, Respondent.

Supreme Court of Texas.

Decided November 20, 2009.

Attorney(s) appearing for the Case

Charles D. Olson, C. Alfred MacKenzie, Haley & Olson, P.C., Waco, TX, for Petitioner.

Jeffery Mundy, Michael C. Singley, Mundy & Singley, LLP, Austin, TX, for Respondent.

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.

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.

The recreational use statute, when applicable, "raises the burden of proof [in a premises liability case] by classifying the recreational user of [government]-owned property as a trespasser and requiring proof...

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