O'HAVER v. Blair

MILLER,. J ustice.

This is a summary judgment case. Appellants, Shawn O’Haver, and his father Donald R. O’Haver, filed suit against appel-lee, Tommy Lee Blair, seeking judgment for actual and exemplary damages alleging that appellee, a teacher at Madison High School in San Antonio, shouted obscenities at Shawn O’Haver and then struck him in the mouth. Appellee alleged that under the provisions of Tex.Educ.Code Ann. § 21.-912(b) (Vernon Supp. 1980-1981) he was not personally liable for the alleged acts. Ap-pellee filed a motion for summary judgment based on this statutory immunity. The trial…