Oakbend Medical Center v. Martinez

OPINION

William J. Boyce, Justice

OakBend Medical Center appeals from an order denying summary judgment based on governmental immunity from suit. The order stems from a survival and wrongful death action brought by Domingo Martinez, Jr., Individually and as Representative of the Estate of Arturo Martinez.

Arturo Martinez escaped from his bed at OakBend while undergoing psychiatric treatment. Wrist and ankle restraints were available to secure him to a bed but were not in use when he escaped. He sustained fatal injuries when he was struck by a train shortly after leaving his bed and walking out…