discussing reasons for development of quasi-estoppel doctrine
How later courts described this case
- discussing reasons for development of quasi-estoppel doctrine
- discussing the affirmative defense of estoppel
Written by the judges who cited it.
The opinion
McCRAW, Justice,
dissenting.
I concur with the majority’s holding that PISD is protected by the Texas Torts Claims Act and is immune from this suit in tort. However, I dissent from the majority’s reversal of the summary judgment entered in favor of Superintendent Hendrick and Principal Hunt.
It is undisputed that Hendrick and Hunt are employees of PISD and as such, are immune from liability for actions performed within the scope of their employment, except in limited circumstances, not relevant here. See Russell v. Edgewood Independent School District, 406 S.W.2d 249, 252 (Tex.Civ.App.—San Antonio 1966, no writ); TEX.EDUC.CODE ANN. § 21.912(b) (Vernon Supp.1987); TEX.CIV. PRAC & REM.CODE ANN. § 101.051 (Vernon 1986). I agree with the majority that when the issue of “scope of employment” is joined at trial a fact issue exists. See, e.g. O’Haver v. Blair, 619 S.W.2d 467, 468-69 (Tex.Civ.App.—Houston [14th Dist.] 1981, no writ). However, this is not the case before us.
Stimpson’s case theory as pleaded, places Hendrick and Hunt’s actions within the scope of their employment. Stimpson’s original petition pleads: “[Stimpson’s employment agreement] was tortiously destroyed by the Defendant Plano Independent School District by and through the intentional and willful actions of Defendants Hendrick and Hunt.” (Emphasis added.) This allegation clearly complains of the wrongful actions of PISD, which Hen-drick and Hunt willfully performed in their official capacities. PISD’s actions being protected as a matter of law should also immunize any employees by and through which PISD’s actions were carried forth. I would affirm; the trial court ruled correctly.