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

Summary

The Texas Supreme Court held that Kerrville State Hospital's liability claim was barred by sovereign immunity because the hospital's failure to administer an injectable drug constituted non‑use of tangible personal property, which does not trigger the waiver provisions of the Texas Tort Claims Act. Accordingly, the Court reversed the Court of Appeals and entered judgment for the hospital.