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TEXAS STATE UNIVERSITY-SAN MARCOS v. BONNIN

No. 09-0061.

314 S.W.3d 912 (2010)

TEXAS STATE UNIVERSITY-SAN MARCOS, Petitioner, v. Sam and Betty BONNIN, Individually, and as Independent Co-Administrators of the Estate of Jason Lee Bonnin, Respondents.

Supreme Court of Texas.

June 25, 2010.

Attorney(s) appearing for the Case

Greg W. Abbott, Attorney General of Texas, Clarence Andrew Weber, First Assistant Attorney General, David S. Morales, Danica Lynn Milios, Office of the Attorney General of Texas, Nelly R. Herrera, Office of the Attorney General, Tort Litigation Division, Nichelle A. Cobb, Assistant Attorney General, Tort Litigation Division, James C. Ho, Solicitor General of Texas, Austin, TX, for Petitioner.

Chad Wilson Dunn, K. Scott Brazil, Brazil & Dunn, LLP, Houston, TX, John Kenneth Schwartz, Locke Lord Bissell & Liddell LLP, Austin, TX, for Respondents.

Jon L. Gillum, Locke Lord Bissell & Liddell, Austin, TX, for Landry's Restaurants, Inc.

Scott Lyford, Mills Shirley LLP, San Antonio, TX, for Freese Nichols, Inc.

PER CURIAM.

Jason Bonnin worked at Joe's Crab Shack, a restaurant located on the grounds of Texas State University—San Marcos. On the evening of April 21, 2005, Jason and a group of fellow employees celebrated a colleague's final day at work by jumping from the deck at Joe's Crab Shack into the San Marcos River. After his second jump, Jason was sucked into the undertow and became trapped in the caverns beneath the restaurant, where he drowned. Jason's parents...

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