Posted on 10/03/2005 4:59:27 PM PDT by PAR35
Families try to revive lawsuit over deadly 1999 bonfire collapse
PLANO – The families of those killed or injured when a bonfire collapsed at Texas A&M University several years ago asked the 5th U.S. Circuit Court of Appeals on Friday to revive their lawsuit.
Attorneys representing 11 deceased and injured wanted the court to reconsider a lower court's May 2004 decision that dismissed the suit.
The families allege the university failed to oversee the 59-foot bonfire, resulting in a "state-created danger." The judge who dismissed the case in May said the concept of "created danger" did not exist in 1999.
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A separate case involving eight of those who died or were injured is also proceeding. The state case was scheduled for trial in September but was postponed because of appeals. Attorneys estimated Friday that the case could go to trial in late 2006 or early 2007. Several defendants in the case have settled for several million dollars.
The bonfire is a longstanding Aggie tradition that began in 1909.
Friday's case was originally to be heard in New Orleans but was moved to North Texas because of flooding caused by Hurricane Katrina.
(Excerpt) Read more at dallasnews.com ...
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