Bryant v. Metropolitan Transit Authority

OPINION

J. CURTISS BROWN, Chief Justice.

Timothy Bryant (Bryant), the appellant, sought damages from Metropolitan Transit Authority (MTA) for injuries he sustained. Bryant was riding on a bus owned by MTA when some passengers assaulted him. Bryant alleged that the bus driver of MTA was negligent in failing both to exercise due care in preventing the assault and in mitigating the injuries he sustained. The trial court held that Bryant’s claim was barred by the Texas Tort Claims Act, Tex. Civ.Prac. & Rem.Code Ann. §§ 101.-001-.109 (Vernon 1986). We determine that summary judgment was improperly…