Zachry Construction Corporation v. Texas A&M University

Summary

The Supreme Court of Texas withdrew its order granting review and denied the petitions for review as improvidently granted in litigation arising from the 1999 Texas A&M bonfire collapse. Because Texas A&M University had settled with the plaintiffs, it was a settling person whose proportionate responsibility could be submitted to the jury, making the responsible-third-party issue moot.

Holdings

1. Because Texas A&M became a settling person, the issue of whether it should be submitted to the jury as a responsible third party was moot; the Supreme Court therefore withdrew its order granting review as improvidently granted and denied the petitions for review without reaching the merits of the court of appeals' decision.

Questions Presented

1. Whether Texas A&M University's percentage of responsibility had to be submitted to the jury as a responsible third party despite its sovereign-immunity objections.
2. Whether the issue became moot after Texas A&M settled with the plaintiffs and became a settling person whose percentage of responsibility was required to be determined by the jury.

Disposition

dismissed