Mt. Pleasant Independent School District v. Dona K. Elliott
Dona K. Elliott sued Mt. Pleasant Independent School District after a bus she was driving experienced brake failure, causing an accident that broke her kneecap. Elliott was employed by Durham Transportation, Inc., which had recently contracted with the District to operate and maintain its bus fleet. The District appealed the trial court's decision to overrule its plea to the jurisdiction, arguing sovereign immunity was not waived. The Court of Appeals concluded that the District did not have direct control over the bus's operation at the time of the accident, nor does maintenance fall under the definition of 'operation' or 'use' in the Texas Tort Claims Act for school districts. Consequently, the court reversed the trial court's judgment and dismissed Elliott's claims.