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UNIVERSITY OF TEXAS v. GARNER

No. 18-0740.

595 S.W.3d 645 (2019)

The UNIVERSITY OF TEXAS at Austin, Petitioner, v. April GARNER, Respondent.

Supreme Court of Texas.

Rehearing Denied April 6, 2020.

Attorney(s) appearing for the Case

Jeffrey C. Mateer , Joseph David Hughes , Matthew Jason Warner , Warren Kenneth Paxton , Kyle D. Hawkins , for Petitioner.

James A. Rodman , Samantha L. Penturf , for Respondent.

The Recreational Use Statute limits the Tort Claims Act's waiver of governmental immunity by lowering the duty of care owed to a person who enters and engages in "recreation" on a governmental unit's property. Specifically, the governmental unit owes that person only the degree of care owed to a trespasser—that is, the duty not to injure...

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