08/27/2026
Kherkher Garcia attorney Eric A. Hawley secured an important appellate victory for our client before the Fifth Court of Appeals in Dallas, Texas.
The Dallas premises liability case arises from serious injuries allegedly sustained when a heavy access gate at Fair Park came off its track and fell on our client. Fair Park First, the private nonprofit that managed the property, argued that it qualified for governmental immunity and sought an interlocutory appeal after the trial court denied its plea to the jurisdiction.
The Court of Appeals dismissed the appeal, concluding that Fair Park First is neither a governmental unit nor an employee or agent of the City of Dallas. The court explained that Fair Park First’s authority came from its management agreement with the City, not directly from the Texas Constitution or state law.
The ruling leaves the trial court’s order in place and allows our client’s negligence case to continue, subject to any further appellate review.
Congratulations to Eric A. Hawley on his excellent appellate advocacy and continued commitment to protecting the rights of injured Texans.
Always expect more from the injury trial lawyers at Kherkher Garcia.
Fair Park First v. Charles Thiers, Jr., No. 05-25-00384-CV, Fifth Court of Appeals, Dallas, Texas.