University of Texas M.D. Anderson Cancer Center v. McKenzie (Opinion)Annotate this Case
The Supreme Court affirmed the judgment of the court of appeals affirming the order of the trial court denying Defendant hospital's plea to the jurisdiction on Plaintiff's complaint alleging personal injury and death proximately cause by a condition or use of tangible personal property, holding that Plaintiffs sufficiently demonstrated both use and proximate cause.
At issue was whether Defendant's use of an allegedly improper carrier agent during surgery constitutes negligent use of tangible personal property and, if so, whether sufficient evidence established that this use proximately caused the decedent's death. On appeal to the Supreme Court Defendant argued that because the carrier agent was properly administered during surgery, Plaintiffs complained only of negligent medical judgment, for which immunity was not waived. The Supreme Court affirmed the denial of Defendant's plea to the jurisdiction, holding that regardless of the manner in which the property was administered, when, as here, the claim was premised on Defendant's use of property that was improper under the circumstances and caused harm, this was sufficient to establish negligent use under the Texas Tort Claims Act.