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LOWE BY ARMSTRONG v. HARRIS CTY. HOSP. DIST.

No. A14-88-00187-CV.

809 S.W.2d 502 (1989)

Jennifer Ann LOWE and Dallas Craig Lowe, Jr., Minors, by their Next Friends, Charles ARMSTRONG and Marion Armstrong, et al, Appellants, v. HARRIS COUNTY HOSPITAL DITRICT, d/b/a Ben Taub General Hospital, et al, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

April 6, 1989.

Attorney(s) appearing for the Case

Jack H. Emmott, III, Kurt Arbuckle, Houston, for appellants.

James C. Faulkner, P.J. Murphey Harmon, Houston, J. Mark Holbrook, Patrice Flemming-Squirewell, Austin, for appellees.

Before J. CURTISS BROWN, C.J., and JUNELL and DRAUGHN, JJ.

OPINION

DRAUGHN, Justice.

The central issue in this appeal is the applicability of an exception to the sovereign immunity provided by the Texas Tort Claims Act. Tex.Civ.Prac. & Rem.Code § 101.001 et seq. Appellants would invoke the statutory exception which turns on the use of tangible personal property. We find the exception inapplicable and therefore affirm the summary judgment.

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