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, holding that the doctrine of sovereign immunity bars the estate’s recovery because no jury finding linked the death to the operation or use of a motor‑driven vehicle, and that the school district is not a common carrier and therefore owes only an ordinary standard of care to student passengers. The judgment is entered for the plaintiff’s estate to take nothing. Justice MAUZY, dissenting, would have imposed a high degree of care; Justice HIGHTOWER concurs on sovereign immunity but dissents on the standard‑of‑care discussion; Justice COOK concurs in the result but notes the district violated the ordinary standard of care.