Overton Memorial Hospital v. McGuire

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…