Southwest Key Program, Inc. v. Gil-Perez

81 S.W.3d 269, 45 Tex. Sup. Ct. J. 1026, 2002 Tex. LEXIS 116, 2002 WL 1431602
CourtTexas Supreme Court
DecidedJuly 3, 2002
Docket00-1324
StatusPublished
Cited by158 cases

This text of 81 S.W.3d 269 (Southwest Key Program, Inc. v. Gil-Perez) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Southwest Key Program, Inc. v. Gil-Perez, 81 S.W.3d 269, 45 Tex. Sup. Ct. J. 1026, 2002 Tex. LEXIS 116, 2002 WL 1431602 (Tex. 2002).

Opinions

Justice RODRIGUEZ

delivered the opinion of the Court,

in which Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice OWEN, Justice BAKER and Justice JEFFERSON join.

Carlos Gil-Perez sued Southwest Key Program, Inc., d/b/a Texas Key Program, Inc., and La Esperanza Home for Boys (collectively “Southwest Key”) for damages arising from a knee injury he sustained during an impromptu game of [270]*270tackle football. The trial court rendered judgment on the verdict against Southwest Key, and the court of appeals affirmed. 79 S.W.3d 571. Gil-Perez generally alleged a negligence claim based on several theories, including negligent supervision, negligent instruction and organization of the game, and failure to provide protective equipment. However, we conclude that Southwest Key’s failure to provide protective equipment for use during the football game is the only alleged causal nexus underlying each of Gil-Perez’s theories of negligence. Because the evidence was legally insufficient to support the jury’s finding that Southwest Key’s negligence proximately caused Gil-Perez’s injury, we reverse the court of appeals’ judgment and render judgment that Gil-Perez take nothing.

I. Facts

Southwest Key owns and operates La Esperanza Home for Boys in Brownsville, Texas. Southwest Key accepted placement of Gil-Perez in the home through an agreement with the Texas Youth Commission. In September 1994, Antonio Gracia, a Southwest Key employee, took Gil-Perez and some other residents to a local stadium to participate in various athletic activities. Gracia supervised as some of the boys jogged on the track, while others played tag. At one point, several nonresident boys, who had been playing soccer on an adjacent field, approached Gracia and the boys and proposed that they all play a game of football. Gracia allowed his boys to play on the condition that tackling would take place only below the waist. Gil-Perez participated in the football game, which continued for a few hours. On the last play, he was tackled and suffered a dislocated knee.

Gil-Perez sued Southwest Key, alleging that it was negligent in allowing him to play tackle football without providing any protective gear or equipment. In the trial court, Southwest Key claimed that this case involved a “sports injury” and urged the court to adopt a heightened standard for recovery, requiring reckless or intentional conduct. The trial court rejected Southwest Key’s argument and submitted the case to the jury as one involving ordinary negligence. The jury found Southwest Key one-hundred percent negligent and awarded Gil-Perez $75,000 in damages, plus interest and costs, and the trial court rendered judgment on the verdict.

On appeal, Southwest Key argued that the trial court erred in submitting an ordinary negligence question to the jury, again arguing that this is a sports-injury case in which Gil-Perez must prove that Southwest Key acted with reckless or intentional disregard for his safety in order to recover. Alternatively, Southwest Key argued that the jury’s verdict was not supported by legally or factually sufficient evidence that its breach proximately caused Gil-Perez’s injury. Specifically, Southwest Key asserted that Gil-Perez’s sole liability theory was based on Southwest Key’s failure to provide protective equipment during the game, but there was no evidence that this failure proximately caused Gil-Perez’s injury. Gil-Perez countered that he raised other theories of liability, including negligent supervision and negligent instruction and organization of the game.

The court of appeals determined that because neither Southwest Key nor its employee (Gracia) participated in or sponsored the football game, it was not a sports-injury case, and ordinary negligence was the appropriate standard. 79 S.W.3d at 576. Further, the court of appeals agreed that Gil-Perez had asserted multiple negligence theories against Southwest Key. Id. at 580. After concluding that there was sufficient evidence to support [271]*271the jury’s finding on negligent supervision, the court of appeals affirmed the trial court’s judgment. Id. at 580. Southwest Key petitioned this Court for review, contending that: (1) the court of appeals erred in determining that this is not a sports-injury case, and thus that a higher standard of liability should be applied; and (2) even under an ordinary negligence framework, there is no evidence to support the jury’s finding that Southwest Key’s negligence proximately caused Gil-Perez’s injury.

II. Analysis

Southwest Key argues that we should apply a heightened standard of tort liability and urges us to adopt a uniform rule applicable in all cases in which a participant in a sporting or recreational event suffers an injury during play. Southwest Key primarily advocates an “inherent risk” standard, and alternatively suggests a “reckless or intentional” standard. Gil-Perez contends that this is not a sports-injury case, but rather a case of negligent supervision, and thus, ordinary negligence principles should apply. In response, Southwest Key argues that, even under the ordinary negligence standard urged by Gil-Perez, there is no evidence that its negligence proximately caused Gil-Perez’s injury.

A. Liability Standards

Although this Court has not spoken on the issue of liability in the context of sports injuries, the lower courts of this state and the high courts of many other states have. Three models of liability have emerged. A majority of courts have adopted a “reckless or intentional” standard in a variety of sports-related situations, requiring an injured plaintiff to prove that the participant-defendant’s conduct was either reckless or intentionally injurious.1 And some courts have extended this standard to situations in which the defendant is a nonparticipant in the sporting event, as the court of appeals determined Southwest Key to be here. See Morgan v. State, 90 N.Y.2d 471, 662 N.Y.S.2d 421, 685 N.E.2d 202, 207-08 (1997) (holding that, in assessing whether an owner or operator of an athletic facility has violated a duty of care toward voluntary participants injured on the premises, the applicable standard should include whether the conditions caused by the defendant’s negligence were unique and created a dangerous condition over and above the usual dangers inherent in the sport); Kline v. OID Assocs., 80 Ohio App.3d 393, 609 N.E.2d 564, 565 (1992) (applying the reckless or intentional standard when an injured indoor soccer game participant sued the owner of the facility in which the game was played as well as the organizer of the soccer league). However, a few states adhere to the traditional negligence standard, under which a defendant owes a duty of ordinary care. See Estes v. Trip[272]*272son, 188 Ariz. 93, 932 P.2d 1364, 1366 (App.1997); Auckenthaler v. Grundmeyer, 110 Nev. 682, 877 P.2d 1039, 1043-44 (1994); Lestina v. W. Bend Mut. Ins. Co., 176 Wis.2d 901, 501 N.W.2d 28, 32-33 (1993).

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Bluebook (online)
81 S.W.3d 269, 45 Tex. Sup. Ct. J. 1026, 2002 Tex. LEXIS 116, 2002 WL 1431602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southwest-key-program-inc-v-gil-perez-tex-2002.