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SOMERVELL COUNTY HEALTHCARE AUT. v. SANDERS

No. 10-04-00077-CV.

169 S.W.3d 724 (2005)

SOMERVELL COUNTY HEALTHCARE AUTHORITY d/b/a Glen Rose Medical Center Nursing Home, Appellant, v. Joyce SANDERS, Individually and as Personal Representative of the Estate of Edwin H. Clayton, Deceased, Appellees.

Court of Appeals of Texas, Waco.

June 22, 2005.

Attorney(s) appearing for the Case

Alexis J. Fuller Jr., Davis & Davis, P.C., Austin, for appellant.

Jill Berni Herz, Jill Berni Herz PC, Dallas, for appellees.

Before Chief Justice GRAY, Justice VANCE, and Justice REYNA. (Chief Justice GRAY concurs in the opinion other than the discussion of how this opinion is "consistent" with prior opinions of this Court. A careful analysis of those prior opinions belies the statements made in that portion of the opinion).

OPINION

FELIPE REYNA, Justice.

Somervell County Healthcare Authority d/b/a Glen Rose Medical Center Nursing Home (Nursing Home) appeals the trial court's denial of its plea to the jurisdiction premised on sovereign immunity. Because the pleadings do not allege that the death in question was caused by a condition or use of tangible personal or real property, we will reverse and render.

Edwin H. Clayton was a resident of the Glen Rose Medical Center...

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