HOUSTON - The First Court of Appeals today dismissed a lawsuit against the city of Baytown alleging a man was injured after going down a waterslide at Pirates Bay Waterpark.
The lawsuit was brought by Fabio Fernandes, who alleges the city knew or should have known of the unreasonably dangerous condition of the slide but did not correct it or warn him.
Fernandes alleges he went down the waterslide after receiving approval from the lifeguard on duty, but the catch basin at the end of the waterslide had insufficient water to slow him down, and as a result he suffered severe injuries at the bottom.
According to the First Court’s opinion, the city filed a plea to the jurisdiction, contending Fernandes must plead and prove gross negligence to establish a waiver of its governmental immunity, and that the evidence refutes gross negligence.
The trial court denied the plea and the city appealed, arguing that the trial court erred.
The First Court found the evidence in the record indicates the city took active steps to avoid accidents by providing specific training to its lifeguards about the catch basin.
“We conclude the record does not contain any evidence of gross negligence,” the opinion states. “We reverse the trial court’s order denying the City’s jurisdictional plea and render judgment dismissing this lawsuit for lack of subject-matter jurisdiction.”
Appeals case No. 01-22-00924-CV