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DALLAS METROCARE SERVICES v. JUAREZ

No. 12-0685.

420 S.W.3d 39 (2013)

DALLAS METROCARE SERVICES, Petitioner, v. Adolfo JUAREZ, Respondent.

Supreme Court of Texas.

November 22, 2013.

Attorney(s) appearing for the Case

Joel E. Geary , Kathryn E. Long , Vincent Lopez Serafino Jenevein, PC, Dallas, TX, for Petitioner.

Julian V. Buenger , Julian V. Buenger, P.C., Dallas, TX, for Respondent.

PER CURIAM.

After being sued by a patient who was struck by a falling whiteboard, a governmental entity pled immunity, arguing that the alleged injury did not arise from the "use" of personal property. The trial court denied the plea, and the defendant argued for the first time on appeal that the property's "condition" did not cause the accident. Because the defendant had not originally asserted that argument in the trial...

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