Legal Opinion

Texas Department of Corrections v. Herring

Texas Supreme Court

Decided July 24, 1974No. B-4341PublishedCited by 373 opinions

1Opinion of the Court

SAM D. JOHNSON, Justice.

Suit for damages brought under the Texas Tort Claims Act.1 James W. Herring brought this action for personal injuries against the Texas Department of Corrections. The trial court held that, as a matter of law, Herring did not have a cause of action under the Texas Tort Claims Act and rendered a take-nothing summary judgment with prejudice. The court of civil appeals reversed and remanded. 500 S.W.2d 718. We affirm the judgment of the court of civil appeals.

Plaintiff Herring, a prisoner of the Texas Department of Corrections at Huntsville, received an accidental injury…

2Cases cited13 opinions

  1. Hickman v. TaylorSupreme Court of the United States · 1947
  2. Bednarz v. StateTexas Supreme Court · 1943
  3. Texas Co. v. State & Duval County Ranch Co.Texas Supreme Court · 1955
  4. State v. Humble Oil & Refining Co.Texas Supreme Court · 1943
  5. Beggs v. Texas Department of Mental Health & Mental RetardationCourt of Appeals of Texas · 1973

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3Cited by373 opinions

  1. County of Cameron v. BrownTexas Supreme Court · 2002
  2. Natividad v. Alexsis, Inc.Texas Supreme Court · 1994
  3. Massey v. Armco Steel Co.Texas Supreme Court · 1983
  4. Lowe v. Texas Tech UniversityTexas Supreme Court · 1976
  5. Kassen v. HatleyTexas Supreme Court · 1994

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