Fowler v. Tyler Independent School District

232 S.W.3d 335, 2007 Tex. App. LEXIS 6433, 2007 WL 2318871
CourtCourt of Appeals of Texas
DecidedAugust 15, 2007
Docket12-07-00085-CV
StatusPublished
Cited by12 cases

This text of 232 S.W.3d 335 (Fowler v. Tyler Independent School District) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fowler v. Tyler Independent School District, 232 S.W.3d 335, 2007 Tex. App. LEXIS 6433, 2007 WL 2318871 (Tex. Ct. App. 2007).

Opinion

OPINION

BRIAN HOYLE, Justice.

Bridget and Phil Fowler appeal the trial court’s dismissal of their premises liability lawsuit against the Tyler Independent School District (TISD) for want of jurisdiction based upon TISD’s sovereign immunity from suit. In their sole issue, the Fowl-ers assert that, at the time of the injury forming the basis of their lawsuit, TISD was not immune from suit. We affirm.

Background

On December 5, 2008, the Fowlers were attendees as spectators at a high school football playoff game between Gilmer High School and Atlanta High School, two public schools within the State of Texas. TISD, a public school district and governmental unit of the State of Texas, provided the venue for this event, renting their football stadium, Trinity Mother Frances Rose Stadium, to the two schools. During that event, Bridget Fowler slipped and fell, breaking her leg.

On December 1, 2005, almost two years after the incident in question, the Fowlers filed suit against TISD alleging that the stadium was in an unreasonably dangerous condition at the time of the football game and that TISD had failed to properly inspect and maintain the stadium and to provide adequate warnings of the stadium’s unsafe condition. On January 5, 2006, TISD filed its original answer. On October 8, 2006, TISD filed a plea to the jurisdiction, alleging sovereign immunity from suit. The trial court granted TISD’s plea. This appeal followed.

Proprietary Capacity

In their sole issue, the Fowlers allege that, at the time of Bridget Fowler’s injury, TISD was not immune from suit.

Standard of Review

Sovereign immunity from suit defeats a trial court’s subject matter jurisdiction. Tex. Dep’t of Transp. v. Jones, 8 S.W.3d 636, 639 (Tex.1999). Subject matter jurisdiction is essential to the authority of a trial court to decide a case. Tex. Ass’n of Bus. v. Tex. Air Control Bd., 852 S.W.2d 440, 443 (Tex.1993). A plea to the jurisdiction challenges the trial court’s authority to determine the subject matter of a specific cause of action. Starkey ex rel. Ragsdale v. Andrews Ctr., 104 S.W.3d 626, 628 (Tex.App.-Tyler 2003, no pet.). If a party believes that the plaintiff’s petition does not show jurisdiction and cannot be amended to allege jurisdiction, the party may file a plea to the jurisdiction at any time. Id.

Because subject matter jurisdiction presents a question of law, we review the trial court’s decision to grant a plea to the jurisdiction de novo. Mayhew v. Town of Sunnyvale, 964 S.W.2d 922, 928 (Tex.1998). In reviewing a plea to the jurisdiction, we review the pleadings and any evidence relevant to the jurisdictional issue. Tex. Dep’t of Criminal Justice v. Miller, 51 S.W.3d 583, 587 (Tex.2001). Standing, which is a component of subject matter jurisdiction, requires the pleader to allege facts that affirmatively demonstrate the trial court’s jurisdiction to hear the case. See Tex. Ass’n of Bus., 852 S.W.2d at 446.

Discussion

Because it is a governmental unit, a school district is immune from suit *338 under the doctrine of sovereign immunity. See LeLeaux v. Hamshire-Fannett Indep. Sch. Dist., 835 S.W.2d 49, 51 (Tex.1992). The doctrine of sovereign immunity bars suit against the State unless the State has given consent to be sued. Mo. Pac. R.R. Co. v. Brownsville Navigation Dist., 453 S.W.2d 812, 814 (Tex.1970). Here, the Fowlers do not claim that sovereign immunity from suit has been waived by consent. Instead, because TISD was renting its stadium to the two high schools, the Fowlers argue that TISD was acting in a proprietary capacity at the time of Bridget Fowler’s injury, and therefore was not protected by sovereign immunity from suit.

In 1884, the Texas Supreme Court first carved out an exception to sovereign immunity by defining a municipality’s liability in terms of its governmental and proprietary functions. See City of Galveston v. Posnainsky, 62 Tex. 118, 127 (1884). In that case, the court reasoned as follows:

It would seem that, in so far as municipal corporations ... exercise powers conferred on them for purposes essentially public — purposes pertaining to the administration of general laws made to enforce the general policy of the state,— they should be deemed agencies of the state, and not subject to be sued for any act or omission occurring while in the exercise of such power ...; that, in reference to such matters, they should stand as does sovereignty, whose agents they are, subject to be sued only when the state, by statute, declares they may be.
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In so far, however, as they exercise powers not of this character, voluntarily assumed — powers intended for the private advantage and benefit of the locality and its inhabitants, — there seems to be no sufficient reason why they should be relieved from that liability to suit and measure of actual damage to which an individual or private corporation exercising the same powers for a purpose essentially private would be liable.

Id. Although courts in the past have differed on the scope of sovereign immunity and on which subdivisions of the state may exercise proprietary functions, it is now the settled law of this state that sovereign immunity extends to all agencies, political subdivisions, and other institutions that are derived from the state’s constitution and laws. Dillard v. Austin Indep. Sch. Dist., 806 S.W.2d 589, 593 (Tex.App.-Austin 1991, writ denied) (per curiam op. on reh’g), overruled on other grounds by Fed. Sign v. Tex. Southern Univ., 951 S.W.2d 401(Tex.1997), and superseded by statute on other grounds as stated in Gen. Servs. Comm’n v. Little-Tex Insulation Co., Inc., 39 S.W.3d 591, 598 (Tex.2001). The only exception to this general rule of sovereign immunity is that a municipality is not immune for its proprietary functions, the principle expressed in 1884. Id. at 593-94.

Here, the Fowlers have asked us to apply this exception, which relates to municipalities, to a school district. However, as early as 1938, the Texas Supreme Court held that

[tjhere is quite a distinction between a school district and a city or town.

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232 S.W.3d 335, 2007 Tex. App. LEXIS 6433, 2007 WL 2318871, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fowler-v-tyler-independent-school-district-texapp-2007.