Appeals Court Reverses Field, Dismissing Spectator’s Claim against University

A Texas state appeals court has held that a trial court erred when it failed to use the Texas Recreational Use Statute in considering the claim of a baseball fan, who fell from the bleachers during a game and was injured.   Had the trial court applied the TRUS, the plaintiff would have been required “to allege or produce evidence of grossly negligent, willful, or wanton conduct by the university's employees,” something the plaintiff was not prepared to do.   The incident occurred a