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Kerrville State Hospital v. Clark12/12/1995
On Application for Writ of Error to the Court of Appeals for the Third District of Texas
Argued on December 12, 1995
Justice Abbott filed a dissenting opinion in which Chief Justice Phillips, Justice Cornyn, and Justice Spector join.
This is a wrongful death action brought by James and Genevie Clark to recover damages for the death of their daughter, Rebecca Clark Ligon, who was murdered by her husband, Gary Ligon. The Clarks sued Kerrville State Hospital (KSH) for negligently releasing Gary, a mental patient, from its care. They also sued the Texas Department of Mental Health and Mental Retardation (MHMR) for failure to adequately ensure KSH's compliance with MHMR standards. A jury awarded the Clarks damages in excess of two million dollars. The trial court, however, entered judgment n.o.v. for MHMR and rendered judgement against KSH for $250,000, the maximum amount allowable under the Texas Tort Claims Act. See Tex. Civ. Prac. & Rem. Code Section(s) 101.023(a). The court of appeals affirmed. 900 S.W.2d 425. For the reasons stated below, we reverse the judgment of the court of appeals and render judgement for KSH.
I.
The Clarks' daughter, Rebecca, was married to Gary Ligon, who had a history of mental problems. In April 1989, after threatening his wife and resisting arrest, Ligon was taken to KSH for treatment. The Institutional Review Board determined that Ligon was "manifestly dangerous" and therefore recommended that he be transferred to a maximum security unit at Vernon State Hospital. However, because Vernon State Hospital had no vacancy, Ligon remained at KSH for about one month. The Institutional Review Board then met again and determined that Ligon was no longer manifestly dangerous. Ligon began an outpatient commitment with KSH, pursuant to a court order, so that KSH could monitor his medication. Ligon's medication regimen included Antabuse to control his alcohol intake, lithium carbonate, Tegretol, and Thorazine, an antipsychotic medicine that was given to Ligon in an oral form.
On May 22, 1990, Ligon voluntarily checked into KSH for treatment. It appeared that Ligon had been drinking and had not been taking his medication at proper levels. On May 24, KSH released Ligon at his request, reinstating the outpatient commitment. On June 1, Ligon brutally murdered his estranged wife, decapitating, dismembering, and burning her body. He then attempted to hide her remains in a field. *fn1
As stated earlier, the trial court rendered judgement for the Clarks against KSH, and the court of appeals affirmed. KSH now petitions this Court to reverse the judgement of the court of appeals, claiming that: (1) the Clarks' suit is barred by sovereign immunity; (2) KSH owed no duty to the Clarks; (3) the actions of KSH were not the proximate cause of Rebecca Clark's death; and (4) venue was not proper in Travis County. Because we conclude that the Clarks' action was barred by sovereign immunity, we reverse the judgement of the court of appeals and render judgement for KSH.
II.
KSH is a governmental entity entitled to sovereign immunity. However, under the Texas Tort Claims Act, a state entity can waive its sovereign immunity under limited circumstances. The Act did not abolish sovereign immunity, and we must look to the terms of the Act to determine the scope of its waiver. University of Texas Medical Branch v. York, 871 S.W.2d 175, 177 (Tex. 1994). Specifically, the Act waives sovereign immunity for "personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas la
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