BISD seeks dismissal from suit over lawnmower firing rock through classroom window

David Yates Jan. 18, 2012, 6:59am


The Beaumont Independent School District recently filed a plea to the jurisdiction and motion to dismiss a lawsuit brought by Clorinda Parks, who alleges a lawnmower shot a rock through her daughter's classroom window.

As previously reported, Parks, on behalf of her minor daughter, filed the suit June 17 in Jefferson County District Court.

Court records show that BISD filed its motion on Dec. 19, asserting it is a governmental entity entitled to governmental immunity.

The motion centers on the fact that the mower was not a street vehicle and does not have a license or lights.

A hearing on the matter is slated to be held sometime next month, court records show.

According to the suit, on June 23, 2009, the minor was attending summer school at Austin Middle School.

A few feet from the classroom, a BISD employee was mowing the grass when "a rock was thrown from the lawnmower a (sic) glass window into the classroom students, including plaintiff, were sitting in," the suit states.

"The rock shattered the glass and struck plaintiff in the head," the suit states. "Plaintiff suffered serious injuries as a result of the defendant's employee's negligence that caused the collision."

The suit accuses the BISD of negligently allowing a lawnmower to operate during school hours when it should have known projectiles could be fired through classroom windows.

The plaintiffs are suing for economic damages.

Houston attorney Kerry Guidry represents them.

BISD is represented by Isidro Castanon, an attorney for the Palacios law firm Allen, Stein & Durbin.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A190-309

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