In the case City of Waco v. Debra Kirwan, et al., college student Brad McGehee was sitting on a bluff in a park owned and operated by the city of Waco, Texas, watching boat races when the rock beneath him crumbled and he fell to his death. At the time of his accident, McGehee was sitting in an area beyond a wall on which a sign was posted by the city that read, "FOR YOUR SAFETY, DO NOT GO BEYOND WALL." McGehee's heir and representative, Debra Kirwan, filed suit against the city, claiming that the city was grossly negligent in not warning park patrons specifically of the risk of fatality from falling rocks, and in even allowing patrons to access the area at issue, given that prior injuries and fatalities had occurred there. Under Texas' recreational user statute, if the city owed a duty to warn recreational users of a dangerous property condition, then the user must meet a heightened burden of proof, demonstrating the government's "gross negligence, maliciou...
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