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DALLAS CTY. MENTAL HEALTH AND MENTAL RETARDATION v. BOSSLEY

No. 97-0028.

968 S.W.2d 339 (1998)

DALLAS COUNTY MENTAL HEALTH AND MENTAL RETARDATION, et al., Petitioners, v. Albert BOSSLEY, individually, Elaine Bossley, individually, and as representatives of the estate of Roger Arthur Bossley, deceased, Respondents.

Supreme Court of Texas.

Decided April 14, 1998.

Rehearing Overruled June 23, 1998.

Attorney(s) appearing for the Case

David J. LaBrec, Katherine Elizabeth Anderson, Douglas Barnes, Dallas, Michael W. Eady, Austin, John F. O'Donnell, Dallas, for Petitioners.

Robert G. Oake, for Respondents.

HECHT, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, GONZALEZ, ENOCH, OWEN, BAKER and HANKINSON, Justices, join.

We again construe and apply the waiver of governmental immunity for liability for "personal injury and death [proximately] caused by a condition or use of tangible personal or real property" contained in Section 101.021(2) of the Texas Tort Claims Act, TEX. CIV. PRAC. & REM.CODE § 101.021(2). We also consider the...

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