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Texas 13th Court of Appeals (Corpus Christi-Edinburg)
ISD is not Liable for Injuries Sustained
To Mechanical Bull Rider at School Festival
Ruling: Texas law gives school districts immunity from being sued over injuries sustained by mechanical bull riders at school events. Lionel Hernandez v. San Benito CISD, No. 13-20-00168-CV. Issued Sept. 24.
Hernandez claimed he was at a SBCISD middle school festival, and was riding a mechanical bull operated by a school employee, when the device broke loose from its platform and fell on him, injuring his foot and knee.
Hernandez sued the district for premises liability and negligent operation or use of motor driven equipment, and appealed to the Thirteenth Court when the trial judge dismissed the suit. He also sued the entity that provided the mechanical bull, but that litigation is not the subject of this appeal.
A three judge Thirteenth Court panel, in this decision, unanimously upheld dismissal on a finding that applicable state law gives school districts immunity from being sued on negligence claims unless the claim involves the operation or use of a motor vehicle.
The justices rejected Hernandez’ argument that the law could be interpreted to allow districts to also be sued for negligence claims involving motor driven devices — such as mechanical bulls — that are not motor vehicles.