SAN ANTONIO - The Fourth Court of Appeals recently affirmed a ruling denying Sea World of Texas’ motion to dismiss a lawsuit brought after Joe Boston died after swimming in a wave pool at the park.
According to the Fourth Court’s May 3 opinion, lifeguards engaged in unsuccessful rescue efforts before Boston died. Boston’s family sued alleging negligence.
Court records show SeaWorld filed a motion to dismiss the suit, arguing that the plaintiffs’ claims are health care liability claims that are subject to the expert report requirement of Chapter 74 of the Texas Civil Practice and Remedies Code.
SeaWorld argued that because the plaintiffs did not serve it with an expert report, the trial court was required to dismiss their lawsuit.
The trial court denied the appeal, resulting in the appeal.
On appeal, SeaWorld argued that lifeguards are health care providers and that its lifeguards were certified by the State of Texas and highly trained.
Conversely, the plaintiffs argued that the trial court correctly denied SeaWorld’s motion because their remaining cause of action, which alleges the park failed to remove a known weak swimmer from the deep end of a pool, does not assert a HCLC claim that would require an expert report under Chapter 74.
The Fourth Court affirmed the ruling of the trial court, finding that Sea World presented no evidence below that its lifeguards are certified, licensed, registered, or chartered directly by the state.
“Because Sea World presented no evidence that its lifeguards were ‘duly licensed, certified, registered, or chartered by the State of Texas to provide health care,’ it did not carry its burden to show the lifeguards were health care providers for the purposes of Chapter 74,” the opinion states. “As a result, the trial court did not abuse its discretion in denying Sea World’s motion to dismiss.
“We affirm the trial court’s order.”
Case No. 04-22-00687-CV