Estate of Garza v. McAllen Independent School District

I respectfully dissent. I would reverse the judgment of the trial court and remand this case for a trial on the merits.

In view of the trial court’s action in sustaining the School District’s plea in bar and plea in abatement and in granting its motion for summary judgment, as well as the view obviously taken in the majority opinion, the question of negligence and proximate cause on the part of the school bus driver is not involved on this appeal. We must assume the existence of negligence and proximate cause, or at least that a fact question is presented. Otherwise, there could be no…