City of Waco v. Kirwan

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that under Recreational Use Statute, municipality owed no duty in regard to death caused by naturally occurring condition
• concluding that landowner had no duty to warn about risk of falling associated with sitting on cliff’s edge even though the particular risk– the collapse of the cliff–was unexpected
• providing that, when reviewing plea to jurisdiction, we must “take as true all evidence favorable to the nonmovant” and “indulge every reasonable inference and resolve any doubts in the nonmovant’s favor”
• stating that foreseeability of risk is foremost and dominant factor, but alone is not sufficient to justify imposition of duty
• stating that foreseeability of risk is foremost and dominant factor, but alone is not sufficient to justify imposition of duty
• explaining that when trial court considers jurisdictional evidence, it must determine whether that evidence––when viewed in the light most favorable to the nonmovant––raises a fact issue

Source: CourtListener parenthetical corpus (CC0).