Brown v. Hensley

I agree that the trial court’s order granting traditional summary judgment against all claims of the individual current and former Board members should be affirmed; however, I disagree that the Board members conclusively established each element of their affirmative defense of immunity under the Texas Charitable Immunity and Liability Act. I would instead conclude that the Board members disproved at least one essential element of each of the owners’ causes of action, affirm on that ground, and not reach the issue of the Board members’ affirmative defense of immunity.1

The Board members…