Texas Supreme Court
Mount Pleasant Independent School District, Petitioners v. Estate of Misty Dawn Steck Lindburg by And…
February 15, 198932 Tex. Sup. Ct. J. 210
Summary
The Texas Supreme Court reversed the Court of Appeals and affirmed the trial court's judgment that the estate of Misty Lindburg recovers nothing because sovereign immunity bars the claim. The Court held that the Texas Tort Claims Act waiver requires a jury finding that the injury was proximately caused by the operation or use of a motor‑driven vehicle, which was absent. The Court also concluded that a school district is not a common carrier and therefore owes only an ordinary standard of care, though this issue was not essential to the disposition. Separate opinions expressed dissent on the standard of care analysis.