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Whitley v. Dallas Area Rapid Transit

In a case in which a bus driver forced a disabled passenger off a bus and later dropped off an angry passenger who had threatened the disabled passenger's life while on the bus and later attacked the disabled passenger, there is a fact issue as to whether the bus driver took affirmative action involving the use of the bus that contributed to the passenger's injuries.

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REVERSED and REMANDED

OPINION

Harold Whitley appeals the trial court’s granting of Dallas Area Rapid Transit’s (“DART”) plea to the jurisdiction based on sovereign immunity, arising from Whitley’s claims that the negligence of a DART bus driver proximately caused him injuries. In its plea to the jurisdiction, DART claimed Whitley’s pleadings failed to raise a fact issue as to whether the injury was caused by the use of the motor vehicle. In his sole issue on appeal, Whitley contends his pleadings were sufficient to confer jurisdiction on the trial court. Because we conclude Whitley’s pleadings raised a justiciable fact question as to waiver of immunity, we conclude the trial court did have subject-matter jurisdiction over Whitley’s cause of action. Accordingly, we reverse the trial court’s judgment and remand the case for further proceedings.

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