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

Summary

The Texas Supreme Court held that sitting on a swing at the Bellmead Softball Complex is a recreational activity within the Texas Recreational Use Statute, limiting the City’s duty to avoid willful, wanton, or grossly negligent conduct and granting summary judgment to the City. The Court reversed the Court of Appeals, which had found the activity was not recreational. Justice Hankinson dissented, arguing the majority’s interpretation expands the statute beyond legislative intent. The decision resolves the liability issue in favor of the City.