Dallas Metrocare Services v. Adolfo Juarez

After being sued by a patient who was struck by a falling whiteboard, a governmental entity pled immunity, arguing that the alleged injury did not arise from the “use” of personal property. The trial court denied the plea, and the defendant argued for the first time on appeal that the property’s “condition” did not cause the accident. Because the defendant had not originally asserted that argument in the trial court, the court of appeals declined to consider it. In light of our recent decision in Rusk State Hospital v. Black, 392 S.W.3d 88 (Tex.2012), we reverse the court of appeals’ judgment…