Mount Pleasant Independent School District v. Estate of Lindburg Ex Rel. Lindburg

The majority holds that the doctrine of sovereign immunity bars recovery because there was no jury finding that this case fell within the waiver of immunity of the Texas Tort Claims Act. Under the Tort Claims Act, we are required to interpret the phrase “operation or use of a motor-driven vehicle.” Tex.Civ.Prac. & Rem.Code Ann. § 101.021(1)(A) (Vernon 1986). Although it would appear from all evidence that the accident in question arose from the operation and use of a motor-driven vehicle, there was no jury finding on this issue. The respondents have thus waived.an. essential element of their…