One of the things about litigation is that strategy often takes precedence over substance. In the Redus family lawsuit against University of the Incarnate Word, the university asked to dismiss the lawsuit. UIW claimed to be an “arm of the government” such that they would be immune to suits for personal injury. Cough, cough. Yes, that is surely a frivolous defense. How could a private university possibly be considered an arm of any government? In reality, that sort of finding would be about 99.9% impossible. UIW claims the police force is an arm of the government because its officers have to be licensed. But, if that were true, then every barber would be an NSA agent. Its a silly argument. But, it is just cognizable enough to be filed and argued. The state district judge rejected that argument. But, now UIW can appeal and therefore, postpone the lawsuit. Like I said, strategy often is more important than substance in any lawsuit. If the defendant can prolong the lawsuit, then perhaps, a key witness will move away, evidence might be lost, or the family might give up. Delay favors the defendant.
See San Antonio Express-News report here.