Thomas R. Hitchcock v. Rex Martin Garvin

This is an appeal from the granting of summary judgment in favor of Plano Independent School District (PISD) and Loyd Dean Morris, Appellees. Appellants, Thomas R. Hitchcock, Individually and as Next Friend for Emily Christine Hitchcock, bring forth two points of error: (1) that the trial court erred in granting summary judgment in favor of PISD and Morris and in failing to grant the Hitchcocks motion for new trial because there existed genuine material fact issues; and (2) that the trial court erred in granting summary judgment in favor of PISD and Morris and in failing to grant the Hitchcocks motion for new trial, because the Hitchcocks claims are not barred by the doctrine of governmental immunity as a matter of law since the claims arose out of the use and operation of a motor vehicle. We hold that the granting of summary judgment was improper. Therefore, the cause is reversed and remanded for further proceedings.