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TARKINGTON I.S.D. v. AIKEN

No. 09-01-319 CV.

67 S.W.3d 319 (2002)

TARKINGTON INDEPENDENT SCHOOL DISTRICT, Appellant, v. S. Kay AIKEN and Mark Kenneth Aiken, Appellees.

Court of Appeals of Texas, Beaumont.

Decided January 24, 2002.

Attorney(s) appearing for the Case

William M. Buechler, Buechler & Associates, Austin, for appellant.

R.M. Sharpe, Jr., Robert C. Oliver, Sharpe & Oliver, Houston, for appellees.

Before WALKER, C.J., BURGESS and GAULTNEY, JJ.

OPINION

DAVID B. GAULTNEY, Justice.

Appellees Mark Kenneth Aiken and his mother, S. Kay Aiken (collectively "Aiken"), sued appellant Tarkington Independent School District ("Tarkington I.S.D.") for personal injuries that Mark sustained while riding on the tailgate of a privately-owned pickup truck on school property. Claiming sovereign immunity, the school district filed a plea to the jurisdiction. After the trial court denied the jurisdictional plea, Tarkington...

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