Texas State Technical College v. Beavers

Adam Beavers, a Marshall High School student, enrolled in a college level technical course, diesel engine testing and repair, at Texas State Technical College (TSTC). After a few weeks training on diesel engines, Beavers and a fellow student attempted to flip the diesel engine over to work on the other side by using a hydraulic hoist furnished by TSTC. In the process, Beavers hand was caught between the hoist leg and the engine, resulting in serious injuries. Beavers sued TSTC, alleging TSTCs immunity was waived because the injuries were caused by a condition or use of tangible personal property and further alleged TSTC employees acted without legal or statutory authority. TSTC filed a plea to the jurisdiction and a motion to dismiss and sever alleging it was immune from the suit. The trial court denied TSTCs motions. TSTC brings this interlocutory appeal as authorized by Section 51.014(a)(8) of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (Vernon Supp. 2006). We affirm the judgment of the trial court.