Contreras v. Lufkin Independent School District

In Contreras v. Lufkin Independent School District, 810 S.W.2d 23 (Tex. App.-Beaumont 1991, writ denied), a student was let off a school bus around the corner from her home and was struck by a car while trying to get home. Although Contreras is factually similar, it does not hold that immunity was waived. Rather, the court of appeals reversed defendant's summary judgment because the sole ground on which it was based, that the plaintiff had not pled waiver of immunity, was without merit. Contreras, 810 S.W.2d at 26; see Tarkington Indep. Sch. Dist. v. Aiken, 67 S.W.3d 319, 325 (Tex. App.-Beaumont 2002, no pet.) (holding that Contreras did not find a waiver of immunity and limiting the case to its procedural facts).