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Flye v. City of Waco – Case Brief Summary (Texas)

In Flye v. City of Waco, 50 S.W.3d 645 (Tex. App.--Waco 2001, no pet.), a child was hit by a swing at a city park.

The allegations were that the swing did not have a protective bumper, the city failed to provide warnings, failed to maintain and repair the equipment, and the city was guilty of negligence and gross negligence.

As this was a case involving the recreational use statute, the city only owed the duty as to a trespasser.

The Waco court held that the city owed the child no duty to warn of a dangerous condition or to make the premises safe since it only owed the duty as to a trespasser. Flye, 50 S.W.3d at 650.

The court also found that no contemporaneous negligent activity was pled; therefore, summary judgment was proper.