City of Plano v. Homoky – Case Brief Summary (Texas)

In City of Plano v. Homoky, 294 S.W.3d 809, 817 (Tex. App.--Dallas 2009, no pet.), the plaintiff fell and injured herself in the clubhouse on a golf course after she played a round of golf. Homoky, 294 S.W.3d at 811-12.

Initially, the court explained that, although golfing was not specifically listed in the statute as a recreational activity, it constituted "recreation" under the statute because it was an "activity associated with enjoying nature or the outdoors." Id. at 816 (quoting Civ. Prac. & Rem. § 75.001(3)(L)).

Although the plaintiff was not actually playing golf when she was injured, the court concluded that she was engaged in recreation at the time of her injury. Id. at 817.

The Homoky court relied on the definition of "premises" in reaching its conclusion. Id. at 816. The clubhouse fell within the statute's definition of "premises" because it was a structure attached to the golf course. Id.

The court stated that "what plaintiff was doing when she was injured was . . . related to the activity of playing golf" and, therefore, concluded that the plaintiff was engaged in recreation at the time of her injury. Id. at 817.

The Court held that a woman, who injured herself as she left the clubhouse on a golf course after she had completed a round of golf, was engaged in recreation. Homoky, 294 S.W.3d at 816-17.

In Homoky, the injury occurred after the plaintiff had already played golf; her exit from the clubhouse was an activity that was construed under the "catchall" provision of Tex. Civ. Prac. & Rem. Code Ann. § 75.001(3) to be related to her participation in the unenumerated activity of golf. Homoky, 294 S.W.3d at 816-17.