BEAUMONT – The Ninth Court of Appeals recently affirmed the dismissal of a personal injury lawsuit brought against The Woodlands Township.
Daniel Johnson used the diving board at a community pool at Woodlands Township multiple times before he eventually slipped off and injured himself, court records show.
In December 2016, he sued Woodlands Township, alleging gross negligence.
Court records show Johnson used the board twice before he slipped and injured his knee.
He testified he never noticed the board was unusually slippery before he fell. On his third dive, however, Johnson’s left foot slipped, the board struck him in the kneecap and he fell into the pool.
In response to the suit, Woodlands Township, a governmental entity, filed a plea to the jurisdiction and no-evidence motion for summary judgment.
The trial court ruled in favor of Woodlands Township and Johnson appealed, court records show.
On March 26, the Ninth Court affirmed the ruling, finding the trial court did not err by granting the plea and holding that Johnson failed to produce evidence showing an issue of material fact exists on his gross negligence claim.
Appeals case No. 09-18-00247-CV