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SAN ANTONIO STATE HOSP. v. COWAN

No. 04-01-00408-CV.

75 S.W.3d 19 (2001)

SAN ANTONIO STATE HOSPITAL, Appellant, v. Kimberly COWAN, Individually and as Representative of the Estate of James Roy Cowan, Jr., Deceased, et al., Appellees.

Court of Appeals of Texas, San Antonio.

Rehearing Overruled March 8, 2002.

Attorney(s) appearing for the Case

Greg Halbrook, Asst. Atty. Gen., Austin, for Appellant.

Richard W. Hunnicutt, III, Wayne Wright, P.C., San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, CATHERINE STONE and SARAH B. DUNCAN, Justices.

Rehearing Overruled En Banc March 8, 2002.

Opinion by PHIL HARDBERGER, Chief Justice.

This case revisits once again whether immunity has been waived under the Texas Tort Claims Act ("Act") based on the use or misuse of tangible personal property. In this case, suspenders and a walker were used by a suicidal, psychotic patient to terminate his existence by strangling himself to death. The suicide attempt was anticipated. It was the reason the patient was involuntarily...

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