Texas Supreme Court to hear bonfire case

Whether Texas A&M University should bear some financial responsibility for the 1999 bonfire collapse that killed 12 students and injured 27 others is at issue in a case in which the Texas Supreme Court granted oral argument today. The high court agreed to hear Zachry Construction Corp., et al. v. Texas A&M University but has not yet set a date for the arguments. At issue in Zachry is whether A&M University can be held proportionately responsible for the damages that the students or their survivors have sought against the construction company and others that were involved in constructing the bonfire. Some of the defendants in the student-related suits brought suit against A&M University, seeking to impose proportionate responsibility on the school. The university filed pleas to the jurisdiction based on sovereign immunity, which the 361st District Court denied. The university then appealed to the 10th Court of Appeals in Waco.  A divided 10th Court twice sided with A&M University and dismissed the claims in 2007. [See “Two Parties in Bonfire Case Allege 10th Court Friction Hurts Due Process,” Texas Lawyer, Nov. 26, 2007, page 1.] The Supreme Court will decide the issue but without Justice Don Willett participating in that decision. Willett formerly served as legal counsel for Texas Attorney General Greg Abbott, whose office is representing A&M University.
-- Mary Alice Robbins