Donnea Simon, as Next Friend of M. S. v. Blanco Independent School District

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-10-00122-CV Donnea Simon, as Next Friend of M. S., Appellant v. Blanco Independent School District, Appellee FROM THE DISTRICT COURT OF BLANCO COUNTY, 424TH JUDICIAL DISTRICT NO. CV06868, HONORABLE DANIEL H. MILLS, JUDGE PRESIDING MEMORANDUM OPINION The issue in this case is whether a school district’s governmental immunity for a negligence cause of action is waived under the Texas Tort Claims Act1 when the plaintiff is assaulted on a school bus by fellow students. We hold that governmental immunity is not waived under the circumstances…