Opinion · Texas Supreme Court
Overton Memorial Hospital v. McGuire
18 Tex. Sup. Ct. J. 195
- Type
- Opinion
- Court
- Texas Supreme Court
- Jurisdiction
- Texas
- Date
- 1975-01-29
- Topic
- litigation
determining that hospital bed lacking side rails, which was provided by city-owned and -operated hospital, was defective | finding that injuries were proximately caused by the absence of rails on the side of a bed | holding immunity waived for claim the patient was provided hospital bed without bed rails | holding bed rails were integral safety component lacking for hospital bed used for patient | holding bed rails were integral safety component lacking for hospital bed used for patient | holding immunity waived for claim the patient was provided hospital bed without bed rails | finding hospital bed provided by hospital without bed rails lacked integral safety component, and this condition of tangible personal property triggered waiver of immunity | negligently providing hospital bed without bed rails is a use or condition of tangible personal property and waives immunity | hospital bed provided by hospital without bed rails lacked integral safety component, and this condition of tangible personal property triggered waiver of immunity | hospital bed provided by hospital without bed rails lacked integral safety component, and this condition of tangible personal property triggered waiver of immunity | immunity waived when plaintiff alleged hospital provided hospital bed lacking integral safety component, bed rails, which led to injury | immunity waived when plaintiff alleged hospital provided hospital bed lacking integral safety component, bed rails, which led to injury | hospital bed provided by hospital without bed rails lacked integral safety component, and this condition of tangible personal property triggered waiver of immunity | injuries caused by negligently providing a hospital bed without bed rails are proximately caused from condition or use of tangible property. | “[I]f the Hospital is found negligent in providing a bed without guard rails, it may not assert governmental immunity . . . .” | negligently providing bed without bed rails is condition or use for which government is liable under Tort Claims Act | negligently providing hospital bed without bed rails is a use or condition of tangible personal property and waives immunity | immunity waived where patient in city-owned hospital fell from a bed lacking guardrails | plaintiff injured from falling out of hospital bed that lacked bed rails | plaintiff “alleged that the Hospital was negligent in providing him a bed not equipped with side rails;” in reviewing summary judgment evidence, court stated that “we must assume that the Hospital had a duty to install bed rails and was negligent in not doing so” | hospital liable for providing hospital bed without side rails | failure to provide bed rails | lack of rails on hospital bed | lack of rails on hospital bed | hospital bed without bed rails | hospital bed without bed rails
Citator
- Cited by
- 61 opinions
Lonnie C. McGuire brought suit against Overton Memorial Hospital, which is owned and operated by the City of Over-ton, to recover for injuries allegedly suffered in a fall from his bed while receiving post-operative care at the Hospital. McGuire alleged that the Hospital was negligent in providing him a bed not equipped with side rails and in several other respects. The Hospital filed a Motion for Summary Judgment on the ground, inter alia, that it was entitled to governmental immunity. McGuire answered that such immunity had been waived by the Texas Tort Claims Act, Vernon’s Tex.Rev.Civ.Stat. Ann. art. 6252-19. The trial court granted the Hospital’s motion and rendered summary judgment that McGuire take nothing. *529 The court of civil appeals noted that the record failed to make clear whether the Hospital had a duty to install bed rails absent a doctor’s orders and concluded, “Because of the doubt existing as to any duty on the part of the hospital to install bed rails under the prevailing circumstances, we are unable to determine the applicability, if any, of the Tort Claims Act.” The judgment was reversed and the cause remanded for further development. 514 S.W.2d 79.
We agree that the Hospital was not entitled to summary judgment but do not agree that the question of the applicability of the Tort Claims Act is not ripe for decision. While the record in this case is indeed sketchy, for the purposes of this inquiry we must assume that the Hospital had a duty to install bed rails and was negligent in not doing so. The question becomes whether the Hospital can assert governmental immunity to escape liability for its negligence or whether such immunity was waived by the Tort Claims Act. This question was expressly held open by this court in Ritch v. Tarrant County Hospital District, 480 S.W.2d 622 (1972).
Section 3 of the Tort Claims Act outlines the scope of the Act and provides, in pertinent part, “Each unit of government shall be liable for . . . death or personal injuries [proximately] caused from some condition or some use of tangible property, real or personal, under circumstances where such unit of government, if a private person, would be liable. . ” Section 13 of the Act provides, “The provisions of this Act shall be liberally construed to achieve the purposes hereof.” We believe that injuries proximately caused by negligently providing a bed without bed rails are proximately caused from some condition or some use of tangible property under circumstances where a private person would be liable. Therefore, if the Hospital is found negligent in providing a bed without guard rails, it may not assert governmental immunity to avoid liability under $100,000 for injuries proximately caused by such negligence. Tex.Rev.Civ.Stat.Ann. art. 6252-19, §§ 3 and 4.
The court of civil appeals correctly reversed the summary judgment and remanded the cause to the trial court. Accordingly, writ of error is refused, no reversible error. Tex.R.Civ.P. 483.