Suit was brought against city under Texas Tort Claims Act (TTCA) and under Wrongful Death Act, by mother of children who drowned in water off man-made beach, and as surviving spouse of children’s father who drowned while attempting to save them. The District Court denied city’s plea to jurisdiction and motion for summary judgment on grounds of immunity, and city appealed.
The Supreme Court of Texas held that:
- City’s failure to replace warning signs along beach after hurricane did not constitute gross negligence, as required for waiver of immunity from suit under TTCA based on limitation under recreational use statute;
- City’s failure to re-designate swim area after hurricane was not gross negligence;
- Evidence of prior drownings did not show that city’s failure to warn visitors about dangers rose to level of gross negligence; and
- Mayor’s deposition testimony did not show that city’s failure to warn visitors of risk rose to level of gross negligence.