Yesterday, counsel for Brenda Young filed a petition for review of the 14th Court of Appeals’ decision discussed in this prior post. This will be the first time the high court has ever been given the opportunity to decide whether or not Chapter 87 immunity applies to claims brought by workers.
A copy of Young’s petition can be downloaded here.
In her petition, Young contends that the 14th Court of Appeals committed error in holding that:
1. non-consumers of equine activities (i.e. people who are paid to work around horses) qualify as participants under Chapter 87; and
2. the posting of warning signs under Chapter 87 was a defense and not an element of proof (i.e. Young asserts that the McKims had the burden of proving that they had posted the Chapter 87 warning signs in order to be afforded immunity under Chapter 87, and that they did not meet that burden).
While I agree with the 14th Court of Appeals’ decision and do not wish to see it reversed, I am pleased that the Supreme Court now has an opportunity to review whether or not Chapter 87 applies to claims brought by employees or other workers. This issue is currently somewhat “murky” under Texas law. Clarification is needed because there seems to be a conflict of authority on this issue among the intermediate courts of appeals. In that respect, I am pleased that Young requested review of the first issue discussed above.