In DART v. Whitley, 104 S.W.3d 540, 542 (Tex. 2003), the Texas Supreme Court considered whether a plaintiff could sue a local transit authority for injuries that he had sustained during an altercation with a fellow passenger. 104 S.W.3d at 541.
The bus driver had required the plaintiff to exit the bus in the vicinity of the passenger who had assaulted the plaintiff. Id.
The Texas Supreme Court concluded that immunity was not waived under the Tort Claims Act because the bus passenger's injuries did not arise from the government driver's operation of the bus. Id. at 542-43.