Dallas Area Rapid Transit v. Whitley

in which Justice HECHT, Justice OWEN, Justice O’NEILL, Justice JEFFERSON, Justice SCHNEIDER, Justice SMITH, and Justice WAINWRIGHT joined.

In this appeal we must decide whether sovereign immunity bars a suit against a transit authority for injuries inflicted by one bus passenger on another. The plaintiff sued Dallas Area Rapid Transit (DART) for personal injuries he sustained when another passenger attacked him after both had left the bus. The trial court granted DART’s plea to the jurisdiction, dismissing the case based on DART’s assertion of sovereign immunity. The court of appeals reversed,…