The Eagle ran the rest of the Associated Press story:
A&M Bonfire lawsuit to be heard in Plano
DALLAS - Almost six years after Bonfire collapsed and killed 12 people at Texas A&M University, the 5th U.S. Circuit Court of Appeals was set to hear arguments Monday in a lawsuit filed by some of the victims' families.
Recent flooding in News Orleans prompted by Hurricane Katrina led to the case being transferred to the Center for American and International Law in Plano.
The appeals court will consider whether the state created danger with the building of Bonfire, a tradition at the school. Former A&M President Ray Bowen and other university officials are named in the suit.
Bonfire was constructed annually and burned on the eve of A&M's game with archrival the University of Texas. But in November 1999, the 59-foot stack of more than 5,000 logs came down while being built under the supervision of student leaders.
Sean Breen, whose brother Christopher Breen died when the massive stack of logs collapsed, is among those suing. Christopher Breen had graduated from A&M in 1998 but returned in the fall of the following year to participate in Bonfire tradition.
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Comment: This is one of two legal venues where Bonfire litigation is being heard. The federal case seeks to lift the liability cap against state agencies and cancel indemnification of state employees. Plaintiffs want to the federal courts to allow juries in state court cases to award judgments in excess of one-half million dollars total, and to make Bowen, Sutherland, Thompson, Kibler and others liable.
It's not surprising that the federal case is coming to a head before the state litigation. Without lifting of the liability cap and protection for former employees, the only deep-pocketed defendant is the Zachary Corporation.
If the Fifth Circuit does not rule in favor of the plaintiffs, expect a settlement in the state cases. If, on the other hand, the federal court does lift the cap and nullify the employee protections, expect a long legal battle.
The implications for the future of an on-campus Bonfire should be obvious, in that Dr. Gates has stated he will not consider the future of Bonfire until litigation has run its course.
[This message has been edited by DualAG (edited 9/23/2005 9:51p).]
