Archibeque v. North Texas State Hospital-Wichita Falls Campus

I.Introduction

I respectfully dissent. I cannot agree with the majority’s proximate cause analysis for two reasons. First, I cannot agree with the majority’s conclusion that Tonya Archibeque failed to properly plead proximate cause. Second, I cannot agree with the majority’s holding that North Texas State Hospital’s use of the trash bag in Janae Devries’s room did no more than furnish the condition that made her death possible and was too attenuated from Dev-ries’s death to be said to have caused it. I would hold that Archibeque pleaded a waiver of sovereign immunity, reverse the trial court’s…