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DIAZ v. CANUTILLO INDEPENDENT SCHOOL DIST.

No. 08-07-00357-CV.

311 S.W.3d 588 (2010)

Roberto DIAZ, Jr., Individually and as Next Friend of Robert C. Diaz, a Minor, Appellant, v. The CANUTILLO INDEPENDENT SCHOOL DISTRICT, Appellee.

Court of Appeals of Texas, El Paso.

February 3, 2010.

Attorney(s) appearing for the Case

Wendy L. Ferrell, El Paso, TX, for Appellant.

Steven L. Hughes, Mounce, Green, Myers, Safi, Paxson & Galatzan, El Paso, TX, for Appellee.

Before CHEW, C.J., McCLURE, and RIVERA, JJ.

OPINION

ANN CRAWFORD McCLURE, Justice.

Roberto Diaz, Jr., individually and as next friend of Robert C. Diaz, appeals from an order granting a plea to the jurisdiction filed by the Canutillo Independent School District. At issue is whether negligent parking constitutes the use or operation of a motor vehicle as contemplated by the Texas Tort Claims Act. On these facts, we conclude it does not.

FACTUAL SUMMARY

Diaz filed a negligence...

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