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BEAUMONT STATE v. KOZLOWSKI EX REL. ALLEN

No. 02-0243.

108 S.W.3d 899 (2003)

BEAUMONT STATE CENTER, Petitioner, v. Donald KOZLOWSKI, as next friend of Byron ALLEN, Respondent.

Supreme Court of Texas.

June 5, 2003.

Attorney(s) appearing for the Case

Lisa Royce Eskow, Jeffrey S. Boyd, John P. Giberson, Barry Ross McBee and Rafael Edward Cruz, Office of Attorney General, Greg Abbott, Attorney General, Howard G. Baldwin, First Asst. Atty. Gen. of Texas, Julie Caruthers Parsley, Office of the Solicitor Gen., Austin, for Petitioner.

Brett S. Thomas, Bush Lewis & Roebuck, P.C., Beaumont, for Respondent.

PER CURIAM.

The controlling issue in this case is whether section 321.003 of the Texas Health and Safety Code evidences the Legislature's intent to waive the State's sovereign immunity clearly and unambiguously. Donald Kozlowski, as next friend of Byron Allen, sued Beaumont State Center, alleging that it negligently allowed another patient to injure Allen. The Center filed a plea to the jurisdiction asserting sovereign immunity. When Allen's alleged injuries occurred...

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