The Texas Court of Appeals recently ruled in favor of the City of San Antonio, dismissing a negligence claim filed by Nadine Realme after she was injured during a 5K race. The court's decision, delivered on September 23, 2026, has significant implications for how negligence claims against governmental entities are handled in Texas.
Realme was participating in the Turkey Trot 5K on Thanksgiving morning when she tripped over a rusted metal sleeve that was part of a broken street sign. The sleeve protruded from the grass and caused her to fall into a utility pole, resulting in a broken arm. After the incident, she filed a lawsuit against the City of San Antonio, claiming negligence.
This case has a complicated history, having reached the appeals court for a third time. Initially, the court upheld the denial of the City’s plea to the jurisdiction, stating that there was a factual question regarding whether the City’s immunity was waived under the Texas Tort Claims Act. The court remanded the case to allow Realme to develop her arguments further. After additional proceedings, the City sought summary judgment, arguing that the Recreational Use Statute applied to Realme's case, which would limit the City’s liability. The trial court denied this motion.
In a previous appeal, the court ruled that the Recreational Use Statute did not apply, but the Texas Supreme Court later reversed that decision, stating that the Turkey Trot was indeed a recreational activity under the statute. This ruling limited Realme’s claim to gross negligence, which requires a higher standard of proof.
The appeals court, led by Justice Velia J. Meza, ultimately ruled that Realme did not provide sufficient evidence to prove gross negligence. The court stated, “Realme produced no evidence that the metal sleeve posed an extreme degree of risk.” This ruling focused on the objective element of gross negligence, which requires proof that the defendant's actions involved a significant risk of serious injury.
The court explained that Realme's arguments did not meet the high threshold for gross negligence. They noted that while the metal sleeve was a safety hazard, it did not present an extreme risk that would justify a claim of gross negligence. The court emphasized that the risk must be evaluated from the perspective of the defendant at the time of the incident, not in hindsight.
As a result of this ruling, the court reversed the trial court's order and dismissed Realme's claims against the City for lack of jurisdiction. The decision means that the City of San Antonio will not be held liable for Realme's injuries, and it sets a precedent regarding the application of the Recreational Use Statute in similar cases.
This ruling is significant for future negligence claims against governmental entities in Texas. It clarifies the standards for proving gross negligence and reinforces the protections offered to cities and other governmental bodies under the Recreational Use Statute. The decision may discourage similar lawsuits if plaintiffs cannot meet the stringent requirements for proving gross negligence.
Looking ahead, it is unclear whether Realme will appeal this decision to a higher court. The court filing did not provide information on any pending related cases. However, the outcome of this case may influence how future negligence claims are approached in Texas, particularly those involving recreational activities.