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DEPT. OF CORRECTIONS v. ST. FRANCIS

No. 01-91-00503-CV.

836 S.W.2d 719 (1992)

TEXAS DEPARTMENT OF CORECTIONS and the State of Texas, Appellants, v. SISTERS OF ST. FRANCIS OF ST. JUDE HOSPITAL OF BRENHAM, TEXAS, Appellee.

Court of Appeals of Texas, Houston (1st Dist).

Rehearing Denied August 31, 1992.

Attorney(s) appearing for the Case

Karen D. Matlock, Austin, for appellants.

Bruce Bigelow, Austin, for appellee.

Before COHEN, DUGGAN and PRICE JJ.

OPINION

COHEN, Justice.

Is the State of Texas liable for payment of hospital expenses incurred by an inmate it releases on emergency medical reprieve? Under the facts of this case, we hold the State is liable.

While serving an 82-year sentence for aggravated robbery, Rodney Barlow became seriously ill with infected decubitus ulcers. Because his illness was too serious to be treated at the Texas Department of Corrections (TDC), the Texas Board of...

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