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ROBINSON v. CENTRAL TEXAS MHMR CENTER

No. 11-88-067-CV.

758 S.W.2d 394 (1988)

Vera Bell ROBINSON, Appellant, v. CENTRAL TEXAS MHMR CENTER, Appellee.

Court of Appeals of Texas, Eastland.

Rehearing Denied November 3, 1988.

Attorney(s) appearing for the Case

Mary Noel Golder, Webb, Stokes, Sparks, Parker, Junell & Choate, San Angelo, for appellant.

Robert D. Batjer, Jr., Batjer & Weir, Attorneys at Law, Abilene, for appellee.

OPINION

McCLOUD, Chief Justice.

The issue is whether the Texas Tort Claims Act1 provides for the waiver of governmental immunity in cases involving the "nonuse," as opposed to "misuse," of tangible personal property.

Tommy Robinson, a 27-year-old mildly retarded client of the Central Texas MHMR Center, died on May 4, 1984, while swimming in Lake Brownwood. Although no autopsy was performed, Robinson apparently drowned...

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