Tarrant County Water Control & Improvement District No. 1 v. Crossland

In Tarrant County Water Control & Improvement District No. 1 v. Crossland, 781 S.W.2d 427 (Tex. App.--Ft. Worth 1989, writ denied), the plaintiffs were fatally injured in a nighttime boating accident. There is a bridge in the portion of the reservoir where they were killed. A boat must slow down to sit lower in the water in order to go safely under the bridge because of the amount of clearance between the water and the underside of the bridge. Id. at 430. The plaintiffs were killed when their heads struck the underside of the bridge. Id. The plaintiffs' estates argued that the bridge and reservoir areas should have been lighted and that warning signs should have been provided. In reversing a jury award of over $ 1.2 million, the court of appeals noted that the plaintiffs did not point to any specific act or omission other than the lack of lights at the bridge. Id. at 432. The Second Court of Appeals noted that "the decedents faced the most common and obvious danger known to man, darkness." Id. at 435. The Second Court of Appeals further observed "why should the bridge . . . be considered more dangerous than any other unlighted recreational area. With 4,790 square miles of inland water and more than 200 major reservoirs, Texas ranks second behind Minnesota for the most inland water among the continental states . . . . In summary, vast areas of Texas are devoid of artificial illumination, and the State has no duty to light the great outdoors." Id.