Texas Department of Mental Health & Mental Retardation v. Lee

OPINION

CAYCE, Justice.

Appellee Robin Lee was sexually assaulted by an HIV-positive patient while she was under the care of Wichita Falls State Hospital. She filed suit against appellants under the Texas Tort Claims Act alleging that her injuries were caused by a condition or use of tangible personal property 1 because employees of Wichita Falls State Hospital failed to lock the interior door to her room and to provide locking devices on the door separating the women’s and the men’s wings of the hospital. Lee also seeks damages under the “patient’s bill of rights” provision of the Texas Health…