Texas+Univ.+vs.+Bishop+(2005)

TEXAS UNIVERSITY v. BISHOP
TEXAS A & M UNIVERSITY, Petitioner, v. Paul A. BISHOP, Respondent.

No. 03-0448. Argued Sept. 28, 2004. -- January 21, 2005 A drama club was going to perform Dracula. There were two faculty members who were laisons with teh university and the students. A local couple with acting experience (the Wonios)were hired with proceeds from ticket sales to help with the production. the couple used a personal knife as a prop and one of the actors was stabbed in a scene the second night of the production when the stab shield did not protect the actor's chest and he suffered a chest wound and was rushed to the hospital with a punctured lung. The faculty members were sued but won because of tort immunity. The Wonios settled out of court.

This case shows how important it is for faculty and administrators to be aware of foreseeable danger and protect the safety of students whether it is in a school sponsored activity or on school property. Much discussion followed about the term "use" with multiple references to other cases. I was flabbergasted at how much research went into the proper use of the word in reference to the "use" of the knife: who used it, the faculty, the Wonios, or the actor. Incidentally, the actor who actually did the stabbing was not sued, but the Wonios and faculty advisors were.