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MENTAL HEALTH AND MENTAL RETARDATION v. LEE

No. 2-99-145-CV.

38 S.W.3d 862 (2001)

TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION, The State of Texas, The Wichita Falls State Hospital, and Don Gilbert in his Official Capacity as Commissioner of Texas Department of Mental Health and Mental Retardation, Appellants, v. Robin LEE, Appellee.

Court of Appeals of Texas, Fort Worth.

February 15, 2001.

Attorney(s) appearing for the Case

John Cornyn, Atty. Gen. of TX, Andy Taylor, First Asst. Atty. Gen., Gregory S. Coleman, Linda S. Eads, Deputy Attys. Gen. for Litigation, Toni Hunter, Chief General Litigation Div., James B. Pinson, Laurie R. Eiserloh, Peter B. Plotts, Asst. Attys. Gen., Lisa R. Eskow, Asst. Sol. Gen., Austin, for Appellants.

Gene Douglass, Wichita Falls, for Appellee.

Before CAYCE, C.J.; LIVINGSTON, J.; and RICHARDS, J., Sitting by Assignment.

OPINION

CAYCE, Justice.

Appellee Robin Lee was sexually assaulted by an HIV-positive patient while she was under the care of Wichita Falls State Hospital. She filed suit against appellants under the Texas Tort Claims Act alleging that her injuries were caused by a condition or use of tangible personal property1 because employees of Wichita Falls State Hospital failed to lock the interior door to her room and to provide locking...

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