Mina Pellizzari v. Stan Maynard

Summary

The Seventh District Court of Appeals of Texas considered a permissive interlocutory appeal concerning whether Texas’s Recreational Use Statute applies to a paid hunting lease and to claims characterized as active negligence. The court held that the statute applied because the landowner had qualifying liability insurance and that the statute covers both negligent-activity and premises-liability claims. The court reversed the order denying summary judgment and rendered judgment for Pellizzari.

Holdings

1. The Texas Recreational Use Statute applies to paid recreational entry and does not exclude a business invitee or commercial lessee merely because the entrant paid for the hunting lease. Pellizzari established the statute's applicability through the statutory liability-insurance alternative in Texas Civil Practice and Remedies Code section 75.003(c)(3).
2. The Texas Recreational Use Statute applies to both premises-defect claims and negligent-activity or negligent-act claims when the claims otherwise fall within the statute's scope. The characterization 'active negligence' does not remove a claim from the statute.

Questions Presented

1. Whether the Texas Recreational Use Statute applies to a paid hunting lease and to a business invitee or commercial lessee.
2. Whether the Texas Recreational Use Statute applies to claims characterized as active negligence, including negligent acts or activities rather than premises defects.

Disposition

reversed_and_remanded