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DOWNING v. BROWN

No. 96-0742.

935 S.W.2d 112 (1996)

Ruby Lee DOWNING, individually and as next friend of Teresa Marie Gutierrez, Petitioner v. Lucy BROWN, Neal Logan, Ofelia Herrera, and Lubbock Independent School District, Respondents.

Supreme Court of Texas.

December 13, 1996.

Attorney(s) appearing for the Case

Dirk Dewolf Johnson, John J. C. O'Shea, Lubbock, for Petitioner.

Ann Manning, Lubbock, for Respondents.

PER CURIAM.

The issue in this case is whether a teacher has immunity under Tex.Educ.Code. § 22.051. Ruby Lee Downing, as next friend of her minor daughter, Teresa Maria Gutierrez, sued Lubbock Independent School District (LISD), one of its teachers, Ofelia Herrera, and other school officials for personal injuries Teresa sustained when another student assaulted Teresa on two separate occasions. The trial court granted all of the defendants' motions for summary...

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