Andrea Marie Delaney, Petitioner v. the University of Houston, Respondent

Summary

The Texas Supreme Court reversed the Court of Appeals and remanded because the intentional‑tort exception in the Texas Tort Claims Act does not bar Delaney's contract, warranty, DTPA and negligence claims since the assault was committed by a non‑governmental employee; the phrase “arising out of” requires a nexus to a governmental employee’s conduct. The Court also noted that the lower courts erred by construing the exception too broadly. Justice Doggett, Justice Gammage and another Justice filed concurring opinions criticizing the Court’s delay and the majority’s reasoning.