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SALAIS v. TEXAS DEPT. OF AGING & DISABILITY

No. 10-09-00155-CV.

323 S.W.3d 527 (2010)

Ana Maria Gonzalez SALAIS, Individually and as Representative of the Estate of Ruben Gonzalez, Deceased, Appellants, v. TEXAS DEPARTMENT OF AGING & DISABILITY SERVICES, Appellee.

Court of Appeals of Texas, Waco.

August 4, 2010.

Attorney(s) appearing for the Case

R. Keith Weber , Woodfill & Pressler LLP, Houston, for Appellants.

John P. Giberson , Atty. General's Office, Tort Litigation Division, Austin, Neal E. Pirkle , Naman, Howell, Smith & Lee LLP, Waco, for Appellee.

Before Chief Justice GRAY, Justice REYNA, and Justice DAVIS.

OPINION

REX D. DAVIS, Justice.

Ana Maria Gonzalez Salais appeals the trial court's order dismissing her health-care liability claim against the Texas Department of Aging and Disability Services (TDADS).

Salais's live petition alleges that her son Ruben Gonzalez was a patient at the Mexia State School, a TDADS facility, because of his developmental disability. Late one evening (after midnight), Ruben had refused to go to bed and was then physically...

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