Paul Barr, Petitioners v. Milton Johnny Bernhard, Respondents

Summary

The Texas Supreme Court affirmed the trial court, holding that the Kerrville Independent School District is immune from tort liability under Section 19A of the Texas Tort Claims Act and that professional school employees are immune from negligence liability under the Texas Education Code §21.912(b) except when the negligence occurs in disciplining a student. The Court rejected arguments that liability insurance waives immunity and interpreted the statutory language to limit employee liability to disciplinary contexts. Justice Johnson dissented, arguing that the statute does not shield employees from negligence causing bodily injury.