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WHITLEY v. DALLAS AREA RAPID TRANSIT

No. 05-00-01167-CV.

66 S.W.3d 472 (2001)

Harold WHITLEY, Appellant, v. DALLAS AREA RAPID TRANSIT d/b/a DART, Appellee.

Court of Appeals of Texas, Dallas.

Rehearing Overruled January 22, 2002.

Attorney(s) appearing for the Case

John P. Knouse, Knouse & Knouse, Dallas, for appellant.

Hyattye O. Simmons, DART—Legal Department, Dallas, for appellee.

Before Justices KINKEADE, WRIGHT, and FITZGERALD.

OPINION

Opinion by Justice KINKEADE.

Harold Whitley appeals the trial court's granting of Dallas Area Rapid Transit's ("DART") plea to the jurisdiction based on sovereign immunity, arising from Whitley's claims that the negligence of a DART bus driver proximately caused him injuries. In its plea to the jurisdiction, DART claimed Whitley's pleadings failed to raise a fact issue as to whether the injury was caused by the use of the motor vehicle. In his sole...

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