Donnea Simon, as Next Friend of M. S. v. Blanco Independent School District

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-10-00122-CV

Donnea Simon, as Next Friend of M. S., Appellant

v.

Blanco Independent School District, Appellee

FROM THE DISTRICT COURT OF BLANCO COUNTY, 424TH JUDICIAL DISTRICT

NO. CV06868, HONORABLE DANIEL H. MILLS, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

The issue in this case is whether a school district’s governmental immunity for a negligence cause of action is waived under the Texas Tort Claims Act when the plaintiff is assaulted on a school bus by fellow students. We hold that governmental immunity is not waived under the…