A hospital brings an interlocutory appeal claiming, inter alia, that the trial court erred in denying its plea to the jurisdiction. Because the evidence shows medical judgment in the decision to leave a bed's side rails lowered, the complaint concerning the failure to raise those rails is a complaint about the health-care decisions of the hospital's nursing staff rather than about the use of tangible personal property. The trial court's order is reversed and judgment rendered dismissing the case with prejudice. The University of Texas M.D. Anderson Cancer Center v. King, Houston's 14th Court of Appeals, No. 14-12-00847-CV, 06-27-2013.
The University of Texas M.D. Anderson Cancer Center v. King
Tex. App. Dist. 14
July 11, 2013