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AUSTIN INDEPENDENT SCHOOL v. GUTIERREZ

No. 03-00-00645-CV.

54 S.W.3d 860 (2001)

AUSTIN INDEPENDENT SCHOOL DISTRICT, Appellant, v. Maria Teresa GUTIERREZ, Individually and as Independent Administratrix of the Estate of Adriana Pamela Gutierrez, Deceased, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 4, 2001.

Attorney(s) appearing for the Case

Michael L. Slack, Donna J. Bowen, Slack & Davis, L.L.P., Austin, for Appellant.

James E. Byrom, Ewbank & Byrom, Austin, for Appellee.

Before Justices KIDD, B.A. SMITH and PURYEAR.

KIDD, Justice.

Immediately after disembarking from a school bus, eight-year-old Adriana Gutierrez was struck and killed by a passing motorist. Appellee Maria Teresa Gutierrez, Adriana's mother, filed suit against several defendants, including appellant, Austin Independent School District ("AISD"). Even though Gutierrez's pleadings alleged a cause of action against AISD pursuant to the Texas Tort Claims Act, AISD filed a plea to the jurisdiction contending that its...

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