Court: Tripped Turkey Trot runner can’t sue for negligence

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The Texas Supreme Court has held that a holiday-themed community footrace is in fact “recreation.” 

Nadine Realme tripped and suffered an injury in a San Antonio park while participating in a community Thanksgiving “fun run” known as the Turkey Trot, states the high court’s opinion issued March 13. 

She sued the city, claiming its negligent maintenance of the park caused her injury. But according to a Texas Recreational Use Statute, cities are not liable for ordinary negligence when a person “engages in recreation” on government property. 

Court records show Realme joined the November 2014 Turkey Trot 5K in San Antonio to “have fun” while enjoying the city’s “beautiful” and “gorgeous” scenery. 

“But things did not go as she hoped,” the opinion states. “While following the course through a public park, she tripped over a metal pole fragment, fell, and broke her arm.”

Realme sued San Antonio for negligence and gross negligence. In response, the city argued that her negligence claim was barred as a matter of law by the Recreational Use Statute, set out in Chapter 75 of the Civil Practice and Remedies Code.  

The trial court sided with Realme, and the court of appeals affirmed, court records show. 

“A community fun run is plainly a recreational activity,” the opinion states. “Its devotees participate for enjoyment, frivolity, and amusement. They seek diversion in an activity performed for its own sake to bring communities together in celebration. The San Antonio Turkey Trot, with its tradition of elaborate costumes and family-focused dynamic, is by nature playful—the whole point is to do something fun in the community on Thanksgiving.

“This whimsical, holiday-themed event is geared towards everyone regardless of athletic talent or fitness. It bears the hallmarks of recreation. Nothing in the illustrative list suggests that the Legislature intended a narrower scope that would exclude a community fun run.”

Justices concluded that the Turkey Trot “easily” falls within the recreational use statute.

Supreme Court case No. 24-0864