Kirk Pittard wins Texas Tort Claims Act case in the Texas Supreme Court.

Congratulations to Kirk Pittard for his win in The Univ. of Tex. M.D. Anderson Cancer Ctr. v. McKenzie, No. 17-0730, 2019 WL 2710037 (Tex. June 28, 2019).  The case involved medical malpractice under the Texas Tort Claims Act and whether a public hospital’s immunity from suit is waived if a negligent decision is coupled with use of tangible personal property which proximately causes injury.  The Texas Supreme Court decided that, as long as the tangible personal property is a proximate cause of the injury, the Act does not require that the tangible personal property be used in a negligent manner in order for sovereign immunity to be waived.  You can read the opinion here.