Kerrville State Hospital v. Clark

which HECHT, ENOCH, OWEN and BAKER, Justices, join.

This is a wrongful death action brought by James and Genevie Clark to recover damages for the death of their daughter, Rebecca Clark Ligón, who was murdered by her husband, Gary Ligón. The Clarks sued Kerr-ville 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,…