Garvin v. the City of Wilmington

Summary

The Supreme Court affirmed dismissal of a negligence action arising from a fence that fell on a child in a City park. It held that the statutory waiver for negligent maintenance of a public building or appurtenance did not apply because neither the park nor the fence qualified as the type of building covered by the statute. Alternatively, even if the park were treated as a covered facility, the public-outdoor-recreation limitation preserved the City's sovereign immunity.