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Click here for the full text of this decision The chicken nugget blocked the child’s trachea, but it was the failure to sufficiently chew the chicken nugget that caused her injuries. The evidence demonstrates that immunity has not been waived pursuant to �101.021(2) of the Texas Tort Claims Act. FACTS:A 4-year-old child choked while eating a chicken nugget at the Larga Vista Head Start Program in Webb County and died. The child’s family sued Webb County. A prior ruling by the 4th Court of Appeals affirmed in part Webb County’s plea to the jurisdiction on the claim alleging negligent condition or use of food and remanded the case. The family filed an amended petition based on this claim, arguing the county’s negligent act and omission was the proximate cause of contributing factor of the child’s death. The trial court denied the county’s plea to the jurisdiction and its no-evidence motion. The county appeals, arguing that the family has not established that the county waived its immunity under the Texas Tort Claims Act. HOLDING:Reversed and dismissed. The court reviews the evidence supplied by the county (the family did not offer evidence on causation): a nutrition coordinator for the program stated in an affidavit that there was nothing about the condition of the chicken nuggets that would reasonably have caused the child to choke; a cook stated via affidavit that he prepared the chicken nugget in a manner consistent with the packaging instructions and program policies and procedures, finding nothing that could reasonably have caused the child to choke; and a paramedic on the scene stated in an affidavit that he removed an approximately 2-inch piece of a the partially chewed nugget lodged in the child’s trachea. “We conclude that the evidence, at best, suggests Webb County did no more than furnish [the child] with the condition or object (the chicken nugget) which made her injuries possible. . . . The chicken nugget blocked [her] trachea, but it was the failure to sufficiently chew the chicken nugget that caused her injuries.” The court rules the county did not waive its immunity. OPINION:Speedlin, J.

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