Kerrville State Hospital, Petitioner v. James O. Clark and Genevie Clark, Respondents

Summary

The Texas Supreme Court reversed the Court of Appeals and entered judgment for Kerrville State Hospital, holding that the wrongful‑death claim is barred by sovereign immunity because the hospital's failure to use an injectable drug does not constitute "use" of tangible personal property under the Texas Tort Claims Act. The Court also affirmed that the hospital owed a duty of care to the victim based on its control over the dangerous patient, but that duty is irrelevant due to the immunity bar. Justice Abbott's dissent argued that the hospital's prescription of an inappropriate oral medication constituted misuse of tangible property, waiving immunity.