San Antonio State Hospital v. Cowan

Section 101.021(2) of the Texas Tort Claims Act waives governmental immunity for death caused by a use of tangible personal property. 1 The issue here is whether merely providing someone with personal property that is not itself inherently unsafe is a “use” within the meaning of the Act. We hold that it is not and accordingly reverse the judgment of the court of appeals 2 and dismiss the action against petitioner.

The probate court ordered James Roy Cowan, Jr. involuntarily committed to the San Antonio State Hospital because of his psychotic behavior, acute depression, and suicidal tendencies.…