HOUSTON - A city in Fort Bend County won't be liable for the severe injuries suffered by a teenage girl whose face was sliced open while playing softball at one of its parks.
The injuries to Alaina Hampton, which included a fractured skull, occurred during 2020, when Missouri City and the rest of the world were dealing with the COVID pandemic. Alaina's softball team had scheduled a scrimmage at the Sta-Mo Sports Complex but did not coordinate with the city to schedule it or obtain a permit.
From shortstop, she chased a foul ball and dove headfirst into a fence. Unfortunately, a part of the gate on the fence was protruding slightly into the field.
Alaina suffered a deep laceration above her eye and fractures to her skull, nose and cheek bone. The injuries forced her to miss much of her 11th-grade softball season, leading her and her family to sue Missouri City under the Texas Tort Claims Act.
An affidavit from Hampton said the injuries caused her to miss out on recruiting opportunities, also. She is represented by Troy Pradia of The Cox Pradia Law Firm.
The trial judge rejected Missouri City's arguments it was entitled to summary judgment that said Hampton could be considered a trespasser and that it did not have actual notice of the protruding metal.
But the 14th Court of Appeals reversed that decision on July 23. Importantly, it found Hampton was not an invitee to the park and turned away her argument the condition would have been spotted if a Missouri City employee inspected the fences routinely.
"There is no evidence in the record to show when the fence was damaged to create the alleged dangerous condition," the appeals court ruled.
"Missouri City admitted it maintains fences at the city parks and that the general condition of all parks is inspected weekly. At weekly inspections, city employees determine if any repair work needs to be done.
"However, even showing that Missouri City had inspected the fence that week or even the day prior to Alaina's injury, there is no indication that at the time of the inspection the alleged dangerous condition existed."
There were no prior complaints about the fence and no evidence any city employee had noticed the condition. Another argument concerned the city's parks and recreation director's site redevelopment plan and his statement that sports fields at the park were "dilapidated."
Hampton said that disclosure shows knowledge of a dangerous condition.
"This evidence shows only the opinion of Missouri City's employee of the general condition of the ball fields at the park and says nothing of the specific alleged dangerous condition at issue in this case," the court found.
It also rejected bystander claims from family members that witnessed the accident, finding Missouri City did not negligently inflict serious or fatal injuries on the victim.