Asnake T. Belehu v. Carolyn Lawniczak, Individually and as Independent Administrator of the Estate of Daniel J. Lawniczak

OPINION

KEM THOMPSON FROST, Chief Justice.

In this permissive interlocutory appeal from the trial court’s denial of the defendant’s traditional motion for summary judgment, we consider whether the defendant conclusively proved his entitlement to immunity or limitation of liability based upon Texas Transportation Code section 452.056(d). Concluding he did not, we affirm the trial court’s order denying his motion.

I. Factual and PROCEDURAL Background

The Metropolitan Transit Authority of Harris County (“Metro”) contracted with First Transit, Inc., a private corporation, to provide drivers for Metro…