Legal Opinion

the University of Texas System Operating as the University of Texas at El Paso v. Kenneth Palomino

Texas Court of Appeals, 8th District (El Paso)

Decided August 24, 2016No. 08-15-00004-CVPublishedCited by 2 opinions

1Opinion of the Court

OPINION

STEVEN L. HUGHES, Justice

Kenneth Palomino was working on a class project in the university machine shop, using one side of a double-ended pedestal grinder to polish a piece of metal, when his hand was caught in the grinder and crushed. Palomino sued the university under the Texas Tort Claims Act, alleging in part that the university was liable for negligently providing him with a grinder that “was devoid of any protector guard[.]” We must determine whether this case falls within the Tort Claims Act’s “use” exception to governmental immunity under the integral safety component doctrine.…

2Cases cited18 opinions

  1. Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
  2. Texas Department of Criminal Justice v. MillerTexas Supreme Court · 2001
  3. Lowe v. Texas Tech UniversityTexas Supreme Court · 1976
  4. Rusk State Hospital v. BlackTexas Supreme Court · 2012
  5. Texas Natural Resource Conservation Commission v. WhiteTexas Supreme Court · 2001

13 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. City of Brownsville v. Lili Nezzer, Texas Court of Appeals, 13th District2022
  2. Metropolitan Transit Authority of Harris County, Texas v. Terry Smith, Texas Court of Appeals, 14th District (Houston)2018

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