In December 2017, a student at Grand Prairie ISD lacerated three fingers on his hand after reaching beneath his seat to put his backpack out of the way before the bus left for a trip. Grand Prairie Indep. Sch. Dist. v. Castro, 2019 Tex. App. LEXIS 5102 * 1-2 (Tex. App.—Dallas June 19, 2019, no pet. h.)(mem. op.). The student injured his fingers by unwittingly placing his hand into an unscreened fan located under his seat. GPISD employees knew of the exposed fan blades before the accident.

GPISD argued it was immune from suit under the Texas Tort Claims Act (“TTCA”) because the minor plaintiff’s injuries did not arise from the “operation or use” of the then-stationary school bus. However, previous case law in Texas indicated the “operation or use of a motor-driven vehicle” included a wide variety of activities, such as parking a bus in a way which may have contributed to an accident as the passenger exited the bus.

Considering the ordinary meaning of “operation or use,” the Court ultimately concluded the operation of the bus caused the injury to the student, since the motor of the bus powered the fan.

For questions related to the Texas Tort Claims Act or governmental immunity, please contact your district’s legal counsel.

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