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MENTAL HEALTH AND RETARDATION v. McCLAIN

No. 03-96-00015-CV.

947 S.W.2d 694 (1997)

The TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION and The Austin State Hospital, Appellants, v. Donald McCLAIN, Individually, and as Executor of the Estate of Leta Rue Beets McClain, and Paulette McClain Boleyn, Individually, and also Heir of the Estate of Leta Rue Beets McClain, Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled July 24, 1997.

Attorney(s) appearing for the Case

Dan Morales, Attorney General, John P. Giberson, Assistant Attorney General, Tort Litigation Division, Austin, for Appellants.

Steve Gibbins, Gibbins, Winckler & Harvey, L.L.P., Austin, for Appellees.

Before POWERS, JONES and KIDD, JJ.

KIDD, Justice.

Appellants Texas Department of Mental Health and Mental Retardation and the Austin State Hospital challenge a trial court judgment rendering damages in favor of appellees Donald McClain and Paulette McClain Boleyn, heirs of Leta McClain. We will affirm the trial court judgment.

THE DISPUTE

Leta McClain had been involuntarily confined to Austin State Hospital since April 1986. On March 29, 1991, McClain was physically assaulted. The...

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