City of Bellmead, Petitioner v. Nanette Torres and Mike Torres, Jr., Respondents

Summary

The Texas Supreme Court held that sitting on a swing at a municipal park is a recreational activity within the scope of the Texas Recreational Use Statute, so the City of Bellmead owed only a limited duty not to act willfully, wantonly, or with gross negligence, and because the plaintiff alleged none of those, the City was entitled to summary judgment. The Court reversed the Court of Appeals and entered judgment for the City. Justice HANKINSON dissented, arguing that the majority improperly expanded the statutory definition of recreation.