Ozolins v. North Lake Community College

OPINION

FARRIS, Justice.

Ozolins sued the North Lake Community College (“College”) for the wrongful death of Gilbert Bader, who drowned when he fell from the sailboat used in the College’s sailing course. She claimed his death resulted from the operation or use of a motor vehicle, the only exception to a community college’s immunity from liability under the Texas Tort Claims Act. See TEX.CIV.PRAC. & REM.CODE ANN. sec. 101.051 (Vernon 1986). The College moved for summary judgment contending a sailboat is not a motor vehicle and sailing one does not constitute the operation or use of a motor…