Austin Ind. Sch. Dist. v. Gutierrez

In Austin Ind. Sch. Dist. v. Gutierrez, 54 S.W.3d 860 (Tex. App.--Austin 2001, pet. denied), a school bus driver discharged a student from the bus and then honked the horn of the bus to indicate to the student that she could safely cross the road. Gutierrez, 54 S.W.3d at 861. After the bus driver's signal, the student attempted to cross the street and was struck and killed by a passing vehicle. Id. The court denied the school district's plea to the jurisdiction because the bus driver's "affirmative action of honking the horn," which may have contributed to the accident, constituted a use of the bus. Id. at 866.