Dallas Area Rapid Transit v. Willis

In Dallas Area Rapid Transit v. Willis, 163 S.W.3d 814 (Tex.App.-- Dallas 2005, pet. denied), a woman fell as she exited a bus. She filed suit alleging that the bus driver was negligent in failing to properly stop the bus close enough to the curb for her to exit safely. The Dallas Court of Appeals held that the use or operation of a motor vehicle involves the transportation of individuals from one location to another and such transportation necessarily includes the act of stopping the vehicle. Id. at 817. The evidence established that the bus was transporting passengers and the driver was in the bus when the accident occurred. Id. Because the plaintiff's pleadings alleged that the driver took the affirmative action of parking the bus in a way that may have contributed to her accident, the court of appeals found the pleadings sufficient to state a cause of action under the Tort Claims Act. Id.