In this case arising out of the 1999 Aggie bonfire collapse, which killed twelve students, the estates of the students joined with the Aggie Bonfire Committee and a construction company to sue A&M for contribution and indemnity, proportionate responsibility, and breach of contract.

Aggie bonfire circa 1993

Unsurprisingly, A&M filed a plea to the jurisdiction–which the trial court denied–and A&M subsequently brought an interlocutory appeal of the lower court’s denial to the Waco Court of Appeals. Earlier this week, the appellate court reversed the trial court’s denial, finding the lower court had no jurisdiction to render the order because no statute or legislative resolution waived the state’s sovereign immunity, or in other words, the State never consented to be sued.

Thx to the Texas Appellate Law Blog

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