Texas Supreme Court Decisions

Dallas v. Metrocare Services V. Juarez, Case No. 12-0685 (TX S.Ct., Nov. 22, 2013) – The Court held that a patient in a mental health facility who was struck by a falling white board was not injured by the facility’s “use of personal property” under the TX Tort Claims Act. July 13, 2012.

Mission Consolidated Independent School District v. Gloria Garcia, No. 10-0802 (July 13, 2012). The Court held that a plaintiff suing for age discrimination under the TCHRA cannot establish a prima facie case when the evidence is undisputed that the plaintiff was replaced by someone older.

Michael B. Wansey, individually and d/b/a Rio Grande Defensive Driving School v. Cheryl D. Hole, No. 11-0348 (DB). “In this case, we must decide whether a plaintiff may recover on a claim for negligent hiring and supervision despite suffering no harm at the hands of the employee who was allegedly negligently hired.” The Court rejected this type of claim.

City of North Richland Hills, Texas v. Laura Friend, individually and as personal representative of the estate of Sarah Friend, deceased and Luther Friend, No. 11-0367 (DB). The Court held that failure of a city-owned water park to quickly provide a defibrillator did not constitute the “use of tangible personal property” and, thus, the city’s immunity was not waived.

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