Legal Opinion

Texas Department of Mental Health & Mental Retardation v. Petty Ex Rel. Kauffman

Court of Appeals of Texas

Decided November 27, 1991No. 3-90-002-CVPublishedCited by 32 opinions

1Opinion of the Court

POWERS, Justice.

Opal Petty, through her “next friends” Herbert Clinton Denson and Linda Kauff-man, sued the Texas Department of Mental Health and Mental Retardation to recover damages for personal injuries that Ms. Petty allegedly suffered as a result of the negligence of Department employees. Ms. Petty recovered a judgment against the Department in the amount of $250,000. Both the Department and Ms. Petty appeal. We will affirm the trial-court judgment.

THE CONTROVERSY

In 1934, the State committed Opal Petty, on her father’s petition, to the Austin State Hospital. She was then age 16. She…

2Cases cited42 opinions

  1. McGowan v. MarylandSupreme Court of the United States · 1961
  2. Cavnar v. Quality Control Parking, Inc.Texas Supreme Court · 1985
  3. Lowe v. Texas Tech UniversityTexas Supreme Court · 1976
  4. Sax v. VottelerTexas Supreme Court · 1983
  5. Missouri Pacific Railroad v. Brownsville Navigation DistrictTexas Supreme Court · 1970

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3Cited by32 opinions

  1. Cathey v. BoothTexas Supreme Court · 1995
  2. Defendini Collazo v. Estado Libre Asociado de Puerto RicoSupreme Court of Puerto Rico · 1993
  3. Wells v. Panola County Bd. of Educ.Mississippi Supreme Court · 1994
  4. City of Austin v. GiffordCourt of Appeals of Texas · 1992
  5. Texas Department of Mental Health & Mental Retardation v. PettyTexas Supreme Court · 1992

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