Austin Independent School District v. Gutierrez

KIDD, Justice.

Immediately after disembarking from a school bus, eight-year-old Adriana Gutierrez was struck and killed by a passing motorist. Appellee Maria Teresa Gutierrez, Adriana’s mother, filed suit against several defendants, including appellant, Austin Independent School District (“AISD”). Even though Gutierrez’s pleadings alleged a cause of action against AISD pursuant to the Texas Tort Claims Act, AISD filed a plea to the jurisdiction contending that its immunity from suit deprived the trial court of subject-matter jurisdiction. The trial court denied AISD’s plea to the jurisdiction.…