LeLeaux v. Hamshire-Fannett Independent School District

In LeLeaux v. Hamshire-Fannett Independent School District, 835 S.W.2d 49, 35 Tex. Sup. Ct. J. 692 (Tex. 1992), a school girl hit her head while trying to close the back door of a school bus. Id. at 50. The girl jumped from the ground into the rear doorway of the bus. She mistakenly thought she was inside the doorway, and when she straightened up, she hit her head on the door frame. Id. at 51. When the girl hit her head, the bus was parked, its engine was not running, and the bus driver was not on the bus. Id. The supreme court stated the girl did not jump back into the bus to take her seat. Id. The supreme court concluded the girl's injury did not "arise from the operation or use of a motor-driven vehicle," which would have waived the school district's governmental immunity under the Tort Claims Act; instead, the court concluded that "the bus was nothing more than the place where Monica happened to injury herself." Id.