Alicia Salcedo, Petitioners v. El Paso Hospital District, Respondent

Summary

The Texas Supreme Court reversed the trial court and Court of Appeals, holding that under the Texas Tort Claims Act a plaintiff need not allege that the tangible property was defective; alleging improper use of the property satisfies the waiver provision. Accordingly, the court found that Mrs. Salcedo's allegations fall within the statutory waiver and her cause of action may proceed.