MAJORITY OPINION
KEM THOMPSON FROST, Justice.
A volunteer assistant coach on a girls softball team sustained injuries when she was struck in the face by a bat that slipped from the hand of the volunteer head coach during a softball drill. The injured assistant coach and her husband appeal the trial court’s summary judgment dismissing their claims against the head coach and the softball association. In reviewing the trial court’s summary judgment as to the allegation that the softball association is vicariously liable for the head coach’s alleged acts or omissions, we must determine what duties, if any, one sports participant owes to another sports participant, which is an issue of first impression in this court. We hold that (1) a sports participant owes no negligence duty to another sports participant regarding risks inherent in the sport in question; (2) a sports participant owes a negligence duty to another sports partici[105]*105pant regarding risks that are not inherent in that sport; and (3) regardless of whether the risk is inherent, a sports participant owes a duty not to cause injury to another sports participant by gross negligence or intentional conduct.
In response to the softball association’s no-evidence ground, the plaintiff/assistant coach did not produce evidence showing that the risk in question was not inherent in the sport in which she was engaged when she was injured. The summary-judgment evidence did not raise a fact issue as to whether the head coach engaged in gross negligence or intentional conduct. Therefore, this court affirms the trial court’s summary judgment as to the assistant coach’s vicarious-liability claims against the softball association. We also conclude the trial court correctly granted (1) the head coach’s motion for summary judgment in which he asserted immunity under the Charitable Immunity and Liability Act of 1987, and (2) the softball association’s motion for summary judgment in which it sought dismissal of all direct-liability claims against it and all claims asserted by the assistant coach’s husband. Though this is the first case in which this court has adopted and applied the inherent-risk doctrine, under Texas Supreme Court precedent, we do not have the power to reverse the trial court’s error-free judgment and remand in the interest of justice. Therefore, we affirm the trial court’s judgment.
I. Factual and PROCEDURAL Background
Appellant Robin Chrismon and appellee Harold J. Brown volunteered to serve as coaches through appellee Registered Teams of the Amateur Softball Association of America (“Registered Teams”). In January 2002, while acting as a volunteer assistant coach at a twelve-year-old-and-under girls softball team practice and/or tryout,1 Robin was injured when a bat being swung by Brown slipped from his hand and struck Robin in the face.
As relevant to this appeal, Robin sued Brown and Registered Teams alleging negligence, gross negligence, and assault. Robin’s husband, Lonnie Chrismon, asserted claims for loss of household services, loss of consortium, loss of income, and mental anguish.
Brown filed a traditional motion for summary judgment, asserting the affirmative defense of immunity under the Charitable Immunity and Liability Act of 1987 (“the Act”).2 Registered Teams filed motions for summary judgment, asserting, among other things, that there was no evidence as to: (1) a legal duty, (2) a breach of duty, and (3) damages proximately resulting from the breach. The trial court granted summary judgment dismissing all of the Chrismons’ claims.
II. Standards of Review
In reviewing a traditional summary judgment, we consider whether the successful movant at the trial level carried the burden of showing that there is no genuine issue of material fact and that judgment should be granted as a matter of law. KPMG Peat Marwick v. Harrison County Hous. Fin. Corp., 988 S.W.2d 746, 748 (Tex.1999). To be entitled to summary judgment, a defendant must conclusively negate at least one essential element of each of the plaintiffs causes of action or conclusively establish each element of an affirmative defense. Science Spectrum, [106]*106Inc. v. Martinez, 941 S.W.2d 910, 911 (Tex. 1997). Under this standard, we take as true all evidence favorable to the nonmov-ant, and we make all reasonable inferences in the nonmovant’s favor. Dolcefino v. Randolph, 19 S.W.3d 906, 916 (Tex.App.-Houston [14th Dist.] 2000, pet. denied). If the movant’s motion and summary-judgment evidence facially establish its right to judgment as a matter of law, the burden shifts to the nonmovant to raise a genuine, material fact issue sufficient to defeat summary judgment. Id.
In reviewing a no-evidence summary judgment, we ascertain whether the non-movant pointed out summary-judgment evidence of probative force to raise a genuine issue of fact as to the essential elements attacked in the no-evidence motion. Johnson v. Brewer & Pritchard, P.C., 73 S.W.3d 193, 206-08 (Tex.2002). We take as true all evidence favorable to the non-movant, and we make all reasonable inferences therefrom in the nonmovant’s favor. Dolcefino, 19 S.W.3d at 916. A no-evidence motion for summary judgment must be granted if the party opposing the motion does not respond with competent summary-judgment evidence that raises a genuine issue of material fact. Id. at 917. When, as in this case, the trial court does not specify in the order granting summary judgment the grounds upon which the trial court relied, we must affirm summary judgment if any of the independent summary-judgment grounds is meritorious. See Ramco Oil & Gas Ltd. v. Anglo-Dutch (Tenge) L.L.C., 207 S.W.3d 801, 826 (Tex. App.-Houston [14th Dist.] 2006, pet. denied).
III. Analysis
A. Did the trial court err in granting the volunteer head coach’s motion for summary judgment?
In their first issue, the Chrismons challenge the summary judgment for Brown, the volunteer head coach, on the ground that a fact ■ issue exists as to whether Brown’s conduct fell outside the scope of civil immunity because it was wilfully negligent, or committed with conscious indifference or reckless disregard for the safety of others.
Volunteers of certain charitable organizations are generally immune from civil liability for any act or omission resulting in death, damage, or injury if the volunteer was acting in the course and scope of the volunteer’s duties or functions in the organization. See Tex. Crv. PRAC. & Rem.Code Ann. § 84.004(a) (Vernon 2005). Brown’s summary-judgment evidence establishes (and the Chrismons do not dispute) that Registered Teams qualifies as a charitable organization under the Act and that Brown was acting in the course and scope of his duties as a volunteer of Registered Teams when the accident occurred. This evidence proves as a matter of law that Brown is entitled to immunity under the terms of section 84.004(a) of the Act. See Tex. Crv. PRAC. & Rem.Code Ann. § 84.004(a).
This immunity, however, does not apply to an act or omission that is intentional, wilfully negligent, or done with conscious indifference or reckless disregard for the safety of others. See id. § 84.007(a). Though the Chrismons do not assert that Brown’s conduct was intentional, they do assert that the summary-judgment evidence raises a genuine issue of fact as to whether Brown’s act or omission falls within the statutory exception as being “wilfully negligent, or done with conscious indifference or reckless disregard for the safety of others” (hereinafter the “Exception”). See id.
Although the Act is twenty-years old, research has not revealed any case in [107]*107which a court has interpreted the statutory language of the Exception. However, in interpreting language from other statutes, the Texas Supreme Court, this court, and other courts of appeals have equated each of these three terms with gross negligence. See, e.g., Burk Royalty Co. v. Walls, 616 S.W.2d 911, 916-20 (Tex.1981) (equating willful negligence, conscious indifference to the welfare of others, and reckless disregard for the rights of others with gross negligence); Morrone v. Prestonwood Christian Academy, 215 S.W.3d 575, 582 (Tex.App.-Eastland 2007, pet. denied) (equating willful misconduct and reckless disregard with gross negligence); Dunlap v. Young, 187 S.W.3d 828, 835-36 (Tex. App.-Texarkana 2006, no pet.) (equating willful negligence and reckless disregard with gross negligence); Hernandez v. Lukefahr, 879 S.W.2d 137, 141-42 (Tex.App.-Houston [14th Dist.] 1994, no writ) (equating willful negligence and conscious indifference with gross negligence); Wheeler v. Yettie Kersting Mem. Hosp., 866 S.W.2d 32, 50 & n. 25 (Tex.App.-Houston [1st Dist.] 1993, no writ) (equating willful negligence and reckless disregard with gross negligence). Therefore, we conclude that, to fall within the Exception, the volunteer’s act or omission must constitute “gross negligence,” defined as an act or omission: (a) which, when viewed objectively from the standpoint of the actor at the time of occurrence, involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and (b) of which the actor has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others. See Transportation Ins. Co. v. Moriel, 879 S.W.2d 10, 23 (Tex.1994); see also Tex. Civ. PRAC. & Rem.Code Ann. § 41.001(11) (Vernon Supp.2006).
The Chrismons assert there is a fact issue regarding the Exception based on summary-judgment evidence showing the following:
• Brown stood in an inappropriate or dangerous position while hitting softballs with a bat that he held with only one hand.
• Brown did not warn Robin that she might be in a position of danger.
• Brown gave no safety instructions to anyone on the day of the incident.
• Brown took no special precautions to make sure the bat would not fly out of his hand.
• Brown knew of the possibility that the bat could fly out of his hand and strike another person.
• Brown allowed the bat to fly out of his hand, travel at a high rate of speed, and hit Robin in the face.
• No one other than Brown had anything to do with that bat hitting Robin in the face.
• Brown did not have any excuse or reason for letting the bat go.
• Brown acknowledges that he was responsible for Robin’s injuries. He accepts that responsibility and wishes this accident had not happened.
The Chrismons, however, cite no evidence that Brown’s alleged acts or omissions, when viewed objectively from Brown’s standpoint at the time of the incident, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to others. The Chrismons cite no evidence showing that despite his actual, subjective awareness of such a risk, Brown proceeded with conscious indifference to the rights, safety, or welfare of others. See Diamond Shamrock Ref. Co. v. Hall, 168 S.W.3d 164, 171-73 (Tex.2005) (concluding there was no evidence of gross negligence where a de[108]*108fendant knew that certain valves were leaking, but did not know that it presented any danger of a compressor explosion); Coastal Transp. Co. v. Crown Cent Petroleum Corp., 136 S.W.3d 227, 234-35 (Tex. 2004) (same where defendant had no actual awareness that the replacement parts it was installing on its vehicles were defective); and Wal-Mart Stores, Inc. v. Alexander, 868 S.W.2d 322, 327 (Tex.1993) (same where defect did not pose an extreme risk of injury for failing to warn and repair a defect, when no other persons had fallen because of it). All of the evidence, including Robin’s own testimony, shows that Brown was hitting ground balls in a routine way and that the incident, though terribly unfortunate, was purely accidental. Because Brown’s summary-judgment motion and evidence establish his defense of immunity as a matter of law, and because the Chrismons’ response and evidence failed to raise a fact issue as to whether the Exception applies, the Chris-mons’ challenge to the summary judgment in favor of Brown fails.3 Accordingly, we overrule the Chrismons’ first issue.
B. Did the trial court err in granting the softball association’s motion for summary judgment as to direct liability?
The Chrismons alleged that Registered Teams was directly liable for its own negligence in: (1) failing to implement an appropriate safety program; (2) selecting Brown as its agent; and (3) failing to notify the Chrismons that if Robin were injured while acting as a volunteer assistant coach, Registered Teams would deny recovery because the head coach was a volunteer in a charitable organization; therefore, Registered Teams was “guilty of fraud” for failing to disclose those facts.
To counter Registered Teams’s no-evidence motion for summary judgment, in which Registered Teams attacked the elements of legal duty, breach of legal duty, and damages proximately resulting therefrom, the Chrismons, in their summary-judgment response, merely stated that Robin’s deposition transcript and affidavit were attached and that each “raises numerous fact issues that require a jury trial on the merits of this case.” However, the attached deposition transcript contains roughly 120 pages of testimony, and the affidavit, besides containing a recitation of Robin’s extensive background in softball, is no more than a conclusory statement of her allegations against Brown. Her affidavit does not address the allegations of direct liability against Registered Teams at all.
To defeat a no-evidence motion for summary judgment, the respondents are not required to marshal their proof; they need only point out evidence that raises a fact issue on the challenged items. See Tex.R. Civ. P. 166a cmt.; Johnson v. Brewer & Pritchard, P.C., 73 S.W.3d 193, 207-08 (Tex.2002); San Saba Energy, L.P. v. Crawford, 171 S.W.3d 323, 330-31 (Tex. App.-Houston [14 Dist.] 2005, no pet.). In her affidavit, Robin does not address the allegations of direct liability against Registered Teams. In their response to Registered Teams’s no-evidence motion for summary judgment, the Chrismons do not specify which evidence in Robin’s deposition testimony allegedly raises a fact issue as to any of the challenged elements of direct liability against Registered Teams. Therefore, the trial court did not err in [109]*109granting Registered Teams’s motion as to direct liability. Accordingly, we overrule the Chrismons’ challenges to the summary judgment as to their direct-liability claims against Registered Teams. See San Saba Energy, L.P., 171 S.W.3d at 330-31.
C. Did the trial court err in granting the softball association’s motion for summary judgment as to the husband’s claims?
In their briefs, the parties acknowledge that Lonnie’s claims for loss of household services, loss of consortium, loss of income, and mental anguish as a result of Robin’s injury are derivative of Robin’s claims. Registered Teams asserted a no-evidence challenge to the essential element of Lonnie’s claimed damages. In his initial summary-judgment response to Registered Teams’ motion, Lonnie did not attach or point to any evidence allegedly raising a fact issue as to damages. However, in a supplemental response, Lonnie attached and pointed to his affidavit, asserting that in it he raised a genuine issue of material fact as to the element of damages. In this affidavit Lonnie states the following:
I have sustained the following actual damages as a result of the injuries received by my wife Robin Chrismon which were caused by the acts or omissions of the Defendants herein. They are:
A. Loss of household services I have sustained in the past and in reasonable probability will sustain in the future which are in excess of $1,000.00.
B. Loss of consortium sustained in the past and in reasonable probability will sustain in the future which are in excess of $1,000.00.
C. Loss of income sustained in the past and in reasonable probability will sustain in the future which I estimate to be in the range of $5,000.00 to $6,000.00 as of this date.
These statements are conclusory. They provide no facts showing the basis for the alleged damages, the periods of time in which they allegedly were suffered, or how the dollar amounts were determined. Two of the dollar amounts are simply stated as “in excess of $1,000.00.” These conclusory statements do not raise a genuine issue of material fact precluding summary judgment. See Coastal Transport Co., Inc. v. Crown Cent. Petroleum Carp., 136 S.W.3d 227, 232 (Tex.2004) (stating that even unobjected-to conclusory testimony does not raise a fact issue); Thomas v. Allstate Ins. Co., No. 14-05-00293-CV, 2006 WL 2290840, at *5 (Tex.App.-Houston [14th Dist.] Aug. 10, 2006, no pet.) (mem.op.) (holding that conclusory statements in affidavit did not raise a genuine issue of material fact regarding damages).
On appeal, under his fourth issue, Lonnie also states that portions of his deposition testimony raise a genuine fact issue as to his damages. Although Lonnie refers to various pages of the transcript of his deposition, he does not provide any citations to the appellate record showing this court what evidence he claims raises a fact issue. Therefore, we conclude that insofar as Lonnie’s challenge to the summary judgment is based on fact issues allegedly raised by his deposition testimony, he has waived that challenge. See Tex.R.App. P. 38.1(h). In any event, even absent briefing waiver, Lonnie could not prevail on this point because he did not attach the transcript of his deposition to any summary-judgment response in the trial court, and he did not point the trial court to this evidence as allegedly raising a fact issue as [110]*110to his claimed damages.4 See San Saba Energy, L.P., 171 S.W.3d at 330-31. Lonnie never apprised the trial court that he was relying on this evidence, nor did he specify how it raised any fact issues in his favor (if indeed it did, which we do not address). For this additional reason, we find no merit in Lonnie’s challenge to this part of the summary judgment.
We conclude the trial court did not err in granting Registered Teams’s motion for summary judgment as to Lonnie’s claims, and we overrule the fourth issue in which Lonnie challenges this summary-judgment ruling.
D. Did the trial court err in granting the softball association’s motion for summary judgment as to the vicarious-liability claims?
The Chrismons alleged that Registered Teams is vicariously liable for Brown’s alleged acts or omissions (hereinafter “vicarious-liability claims”). Under these claims, Registered Teams would be liable for the tort liability of the volunteer head coach (Brown), Registered Team’s alleged agent. Although Brown is immune from negligence liability under Chapter 84 of the Texas Civil Practice and Remedies Code, this immunity does not apply to the potential vicarious liability of Registered Teams for the common-law torts of Brown, its alleged agent.5 See Tex. Civ. PRAC. & Rem. Code Ann. § 84.004 (Vernon 2005). Therefore, to determine Registered Teams’s vicarious liability, if any, we must analyze, under the common law, Brown’s potential tort liability for Robin’s injuries.
The Texas Supreme Court has not yet spoken as to what standard of tort liability should be applied vis-a-vis a personal-injury claim by one sports participant against another sports participant.6 See Southwest Key Program, Inc. v. Gil-Perez, 81
5.W.3d 269, 271-72 (Tex.2002). There are four main possibilities.
First, in fashioning liability rules in the sports-injury context, a few states apply a general-negligence duty. See id. at 271 (stating that, in sports-injury cases, “a few states adhere to the traditional negligence standard”). This approach, though simple in application, unduly exposes sports participants to tort liability as to risks inherent in the sport in which the injured person chose to participate. See Phi Delta Theta Co. v. Moore, 10 S.W.3d 658, 659-63 (Tex.1999) (Enoch, J., joined by Heeht, J., dissenting to denial of petition after court determined it was improvidently granted); Davis v. Greer, 940 S.W.2d 582, 582-83 (Tex.1996) (Gonzalez, J., dissenting from denial of application for writ of error).
[111]*111In a second approach, the majority of other states, and all Texas courts of appeals that have addressed the issue, hold that there is no negligence duty in the sports-injury context, but they conclude there is a duty not to cause injury by reckless or intentional conduct.7 See Monk v. Phillips, 983 S.W.2d 328, 324-26 (Tex.App.-Fort Worth 1998, pet. denied); Allen v. Donath, 875 S.W.2d 438, 440 (Tex. App.-Waco 1994, writ denied); Hathaway v. Tascosa Country Club, Inc., 846 S.W.2d 614, 616-17 (Tex.App.-Amarillo 1993, no writ); Connell v. Payne, 814 S.W.2d 486, 489 (Tex.App.-Dallas 1991, writ denied). Though this standard does not impose a negligence duty as to risks inherent in the sport, it has the negative effect of imposing no negligence duty even as to risks of injury that are not inherent in the sport.8
Under a third approach, this court could hold that, in sports-injury cases, a participant owes no duty to protect other participants from risks inherent in the sport— not even the duty to refrain from reckless or intentional conduct; however, as to risks that are not inherent in the sport, a participant owes a general negligence duty as well as a duty to refrain from reckless or intentional conduct. See, e.g., Davis, 940 S.W.2d at 582-83 (advocating this approach in dissent from denial of application for writ of error). Though this approach addresses the risks of injury inherent in the sport, it goes too far by immunizing from liability participants who intentionally injure other participants in cases in which the risk of injury is inherent.
A fourth approach, which we conclude is best,9 is governed by the following legal standard:
• Considering from an objective standpoint the nature of the sport in question, the conduct that is generally accepted in that sport, and the risks resulting from that conduct, if the risk that resulted in the plaintiffs injury is inherent in the nature of the sport in which the plaintiff chose to participate, then a participant-defendant owes the plaintiff no negligence duty.
[112]*112• Under this same inquiry, if the risk that resulted in the plaintiffs injury is not inherent in the nature of the sport in which the plaintiff chose to participate, then a participant-defendant owes the plaintiff an ordinary negligence duty.
• Regardless of whether the risk that resulted in the plaintiffs injury is inherent in the nature of the sport in question, a participant-defendant owes a duty not to engage in gross negligence or intentional conduct causing injury to the plaintiff.10
See Phi Delta Theta Co., 10 S.W.3d at 659-63 (Enoch, J., joined by Hecht, J., dissenting and arguing for a similar approach); see also Geiersbach v. Frieje, 807 N.E.2d 114, 116-20 (Ind.Ct.App.2004) (adopting this approach and applying it to both coaches and players).11 The trial court should determine as a matter of law the duty issue as to whether the risk that resulted in the plaintiffs injury is inherent in the nature of the sport, but the trial court still needs to consider evidence relevant to this issue.
In his deposition, Brown testified that, prior to the incident in question, a bat had flown out of his hand while he was coaching this particular softball team. Brown stated he knew that there was a possibility that the bat could fly out of his hand. At her deposition Robin testified as follows:
[113]*113• Robin was injured while involved in a drill in which Brown would hit ground balls and the players would try to field the balls and throw them back to Robin (hereinafter “Ground Ball Drill”).
• Robin had participated in the Ground Ball Drill before the incident in question, and the players and coaches would typically do the Ground Ball Drill during tryouts.
• The Ground Ball Drill is “pretty routine,” and there was nothing unusual about the way the Ground Ball Drill was conducted.
• Prior to this incident, Robin had never had anything like this happen.
In her summary-judgment affidavit, Robin testified as follows:
• Robin has been involved in women’s softball as a player and coach for about twenty years, and she is very familiar with all of the practices and drills in which women softball players participate during practice sessions.
• Because of her twenty years of experience, Robin believes that she has special expertise and knowledge regarding women’s softball activities, including practice drills such as the Ground Ball Drill. Robin is very familiar with the Ground Ball Drill.
• The technique that Brown used during the Ground Ball Drill was very dangerous as shown by the serious injuries that Robin received when an aluminum bat flew out of Brown’s hand at a high rate of speed directly into Robin’s face and mouth, causing her injury.
Although Registered Teams asserted a no-evidence challenge12 as to [115]*115duty, Robin did not produce summary-judgment evidence bearing on the issue of whether the risk that resulted in her injury was inherent in the nature of the sport in which she was participating when she was injured. The summary-judgment evidence does not raise a fact issue as to whether, considering from an objective standpoint (i) the nature of the sport in question, (ii) the conduct that is generally accepted in that sport, and (iii) the risks resulting therefrom, the risk that resulted in Robin’s injury is not inherent in the nature of the sport in which she chose to participate.13 Furthermore, presuming for the sake of argument that Registered Teams could be vicariously liable for any intentional or grossly negligent conduct of Brown, Robin does not claim that Brown intentionally caused her injury, and the summary-judgment evidence does not raise a genuine issue of material fact as to whether Brown’s conduct constituted gross negligence.14 Therefore, the trial court did not err in granting Registered Teams’s motion for summary judgment as to the vicarious-liability claims.15 Accordingly, we overrule Robin’s second and third issues in which she challenges this summary-judgment ruling.16
[116]*116E. Can this court reverse the trial court’s judgment as to the vicarious-liability claims in the interests of justice and remand to the trial court to give the parties an opportunity to present evidence regarding the inherent-risk legal standard?
In part of its appellate brief Registered Teams asks this court to adopt the inherent-risk doctrine. Robin has not requested that, in the event this court does so, this court remand this case to the trial court in the interests of justice. But even if Robin had requested this relief, it would not be available under Texas Supreme Court precedent. If this court reverses the trial court’s judgment, it may remand in the interests of justice for another trial. See Tex. R App. P. 43.3(b). However, a court of appeals can reverse the trial court’s judgment only when the trial court is in error. See Davis v. Bryan & Bryan, Inc., 730 S.W.2d 643, 644 (Tex.1987) (holding that the court of appeals can only reverse when there is error in the trial court’s judgment and that, absent such error, a court of appeals cannot reverse the trial court’s judgment in the interests of justice); Estate of Clinton v. Southern Pac. Transp. Co., 709 S.W.2d 636, 639 (Tex.1986) (stating that a court of appeals cannot reverse an errorless judgment); Sears & Roebuck & Co. v. Marquez, 628 S.W.2d 772, 773 (Tex.1982) (holding that courts of appeals may only reverse the trial court’s judgment based on error in the judgment and cannot reverse the judgment because the case has not been fully developed). Interestingly, the Texas Supreme Court has held that it has the power to vacate the errorless judgments of the trial court and court of appeals and remand to the trial court for further proceedings based on a change in the law. See In re Doe 4, 19 S.W.3d 322, 327 (Tex. 2000); In re Doe 2, 19 S.W.3d 278, 283-84 (Tex.2000). However, our high court has based these holdings on subsection (f) of Texas Rule of Appellate Procedure 60.2; the analogous rule for the courts of appeals does not contain this subsection. Compare Tex. R App. P. 60.2 with Tex. R App. P. 43.2; see also In re Doe I, 19 S.W.3d at 327; In re Doe 2, 19 S.W.3d at 283-84. Thus, under current law, the Texas Supreme Court has the power to vacate the trial court’s judgment based on a change in the law and remand this case to the trial court for further proceedings, but courts of appeals do not have this power. Therefore, we cannot reverse the trial court’s judgment unless we find error that has been preserved (unless preservation is unnecessary) and assigned on appeal. We have found no such error in this case.17
[117]*117IV. Conclusion
Robin does not claim that Brown intentionally caused her injury, and the summary judgment evidence does not raise a genuine issue of material fact as to whether Brown’s conduct constituted gross negligence. The trial court did not err in granting Brown’s motion for summary judgment based on his defense of immunity. Likewise, the trial court did not err in granting summary judgment as to all direct-liability claims against Registered Teams and as to all of Lonnie’s claims.
As a matter of first impression in this court, we hold that (1) a sports participant owes no negligence duty to another sports participant regarding risks inherent in the sport in question; (2) a sports participant owes a negligence duty to another sports participant regarding risks that are not inherent in that sport; and (3) regardless of whether the risk is inherent, a sports participant owes a duty not to cause injury to another sports participant by gross negligence or intentional conduct. The summary-judgment evidence did not raise a fact issue as to whether the risk in question is inherent in the sport in which Robin was engaged when she was injured. The trial court correctly granted summary judgment as to the vicarious-liability claims, and this court cannot reverse because that ruling was not in error and because courts of appeals cannot reverse errorless judgments and then remand in the interests of justice based on a new development in the law. Therefore, having found no error, we affirm the trial court’s judgment.
EDELMAN, J., dissenting.