The University of Texas M.d. Anderson Cancer Center, Petitioner v. Lance McKenzie

Summary

Chief Justice Hecht dissents from the Texas Supreme Court’s majority decision that the University of Texas M.D. Anderson Cancer Center’s immunity under the Texas Tort Claims Act is waived because the use of D5W sugar water was a negligent use of tangible personal property. He argues that the waiver should be limited to negligent use of property and does not extend to medical judgment decisions, and that the death was not foreseeable. He would reverse the majority and hold that immunity remains intact.