Dallas Cty. Mental Health and Mental Retardation v. Bossley

in which PHILLIPS, Chief Justice, GONZALEZ, ENOCH, OWEN, BAKER and HANKINSON, Justices, join.

We again construe and apply the waiver of governmental immunity for liability for “personal injury and death [proximately] caused by a condition or use of tangible personal or real property” contained in Section 101.021(2) of the Texas Tort Claims Act, Tex. Civ. Prac. & Rem.Code § 101.021(2). We also consider the scope of governmental employees’ immunity provided by Section 101.106 of the Act. We conclude that the court of appeals erred in reversing summary judgment for defendants. 934 S.W.2d 689.

I

Foll…