SCANLAN v. TEXAS A&M UNIVERSITY

Nos. 02-41166, 02-41173, 02-41187, 02-41204, 02-41222 and 02-41244.

343 F.3d 533 (2003)

Howard SCANLAN; Denise Scanlan; and Lauren Scanlan, Plaintiffs-Appellants, v. TEXAS A&M UNIVERSITY; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity, Ray Bowen, in his individual capacity; William L. Kibler, in his individual capacity; and John J. Koldus, III, in his individual capacity, Defendants-Appellees. Sean Breen, as Administrator of the Estate of Christopher Breen; Christopher Breen; John E. Breen; Marian K. Breen, Plaintiffs-Appellants, v. Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen, in his individual capacity; Defendants-Appellees. James Kimmel, as Representative of the Estate of Lucas Kimmel; James Kimmel; Walieta Kimmel, Plaintiffs-Appellants, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell J. Thompson, in his individual capacity; Ray Bowen, in his individual capacity; William L. Kibler, in his individual capacity; and John J. Koldus, III, in his individual capacity, Defendants-Appellees. Jacquelynn Kay Self, Individually and as Administratrix of the Estate of Jerry Don Self, Deceased; Kathy McClain Escamilla, Individually and as Administratrix of the Estate of Bryan A. McClain, Deceased; Phil R. McClain; Andrea Heard, Individually and as Administratrix of the Estate of Christopher Lee Heard, Deceased; Leslie G. Heard; Gregory Anthony Powell, Individually and as Administrator of the Estate of Chad D. Powell, Deceased; Beverly Jill Powell; Matthew Lynn Robbins; Dominic Braus; and Nancy Braus, Plaintiffs-Appellants, v. Texas A&M University; et al., Defendants; Texas A&M University; Ray Bowen; J. Malon Southerland; William L. Kibler; Russell W. Thompson; John J. Koldus, III; M.T. Hopgood, Jr., Major General; Donald J. Johnson; Zack Coapland; Kevin Jackson; James R. Reynolds; Robert Harry Stiteler, Jr.; and Michael David Krenz, Defendants-Appellees. John Andrew Comstock and Dixie Ann Zinneker, Plaintiffs-Appellants, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen, in his individual capacity, Defendants-Appellees. Bill Davis, Plaintiff-Appellant, v. Texas A&M University; et al., Defendants, Texas A&M University; J. Malon Southerland, in his individual capacity; Russell Thompson, in his individual capacity; Ray Bowen, in his individual capacity; William L. Kibler, in his individual capacity; and John J. Koldus, III, in his individual capacity, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Filed August 19, 2003.


Attorney(s) appearing for the Case

Steven K. DeWolf, Todd R. Hixon, Bellinger & DeWolf, Dallas, TX, for Lauren Scanlan, Howard Scanlan, Denise Scanlan, Sean Breen, Christopher Breen, Marian K. Breen, James Kimmel, Walista Kimmel and Bill Davis.

James C. Todd, Asst. Atty. Gen., Austin, TX, for Defendants-Appellees.

Darrell L. Keith, Fort Worth, TX, Jeffrey H. Kobs, Law Office of Jeff Kobs, Fort Worth, TX, for Jacquelynn Kay Self, Kathy McClain Escamilla, Phillip McClain, Andrea Heard, Leslie G. Heard, Matthew Lynn Robbins, Dominic M.V. Braus and Nancy Braus.

Eugene Borchardt, McGartland & Borchardt, Fort Worth, TX, for Gregory Anthony Powell and Beverly Jill Powell.

Scott Joseph Scherr, Jay Davis Watson, Payne, Watson, Miller & Malecheck, Bryan, TX, for John Andrew Comstock and Dixie Ann Zinneker.

Before WIENER, CLEMENT and PRADO, Circuit Judges.


PRADO, Circuit Judge.

The above numbered and styled appeals arise from six lawsuits filed in the Southern District of Texas by, and on behalf of, those injured and killed during the Texas A&M University bonfire disaster that occurred on November 18, 1999. The district court dismissed all of the plaintiffs' claims and entered a final judgment in each lawsuit. The plaintiffs appealed to challenge the dismissal orders. After considering the parties' arguments on...

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