Texas Court of Appeals Rules for Texas A&M University in Bonfire Litigation
In Texas A&M University v. Bading, several third-party contractors sued Texas A&M University, arguing that the University was financially responsible for any claims brought against the third-party contractors by victims of the tragic collapse of the Aggie Bonfire. The trial court denied Texas A&M's plea to the jurisdiction and the university appealed. At the Waco Court of Appeals, Texas A&M argued that the university was immune from plaintiffs' suit for contribution and indemnity because the Texas Legislature had not waived sovereign immunity for contribution and indemnity claims. The Waco Court agreed, writing that "because there is no statute or resolution of the Legislature authorizing them, the doctrine of sovereign immunity bars all of [the plaintiffs'] claims." Tex. A&M Univ. v. Bading, 236 S.W.3d 801 (Tex. App.--Waco 2007, pet. dism'd as improvidently granted).