Sovereign Immunity Barred A&M Bonfire Claims

By August 16, 2007March 8th, 2019Jurisdiction, Opinions & Judgments

In Texas A&M University v. Bading, a case stemming from the 1999 Aggie bonfire disaster, the Waco Court of Appeals has reversed the trial court’s denial of the University’s plea to the jurisdiction based on sovereign immunity.  The appellees were defendants in wrongful death and personal injury actions who brought various claims against the University for(1) contribution and indemnity, (2) proportionate responsibility findings under Chapter 33 of the Civil Practice and Remedies Code, and (3) breach of contract.  Finding no statute or legislative resolution waiving the state’s immunity, the appellate court rendered judgment dismissing these claims.

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