Lacy v. Rusk State Hospital

TOM B. RAMEY, Jr., Chief Justice.

Appellant, Marie Lacy sued Appellees, Rusk State Hospital (“Rusk”) and the Texas Department of Mental Health and Mental Retardation (“TDMHMR”) under the Tort Claims Act for the wrongful death of her son, Michael. In her sole issue, Lacy alleges that the trial court erred in sustaining Appellees’ plea to the jurisdiction and motion to dismiss. We will affirm.

Background

Michael, a patient at the Rusk State Hospital, was on an outing with ten other patients and nine staff members to the hospital’s lake/lodge facility to watch movies and play board games. During…