San Antonio State Hospital v. Cowan
128 S.W.3d 244, 2004.TX.0000104 , 47 Tex. Sup. Ct. J. 221
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Publisher Description
Section 101.021(2) of the Texas Tort Claims Act waives governmental immunity for death caused by a use of tangible personal property. The issue here is whether merely providing someone with personal property that is not itself inherently unsafe is a "use" within the meaning of the Act. We hold that it is not and accordingly reverse the judgment of the court of appealsand dismiss the action against petitioner.