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(DOWNLOAD) "Overton Memorial Hospital v. Lonnie C. Mcguire" by The Supreme Court of Texas # Book PDF Kindle ePub Free

Overton Memorial Hospital v. Lonnie C. Mcguire

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eBook details

  • Title: Overton Memorial Hospital v. Lonnie C. Mcguire
  • Author : The Supreme Court of Texas
  • Release Date : January 29, 1975
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

Lonnie C. McGuire brought suit against Overton Memorial Hospital, which is owned and operated by the City of Overton, to recover for injuries allegedly suffered in a fall from his bed while receiving post-operative care at the Hospital. McGuire alleged that the Hospital was negligent in providing him a bed not equipped with side rails and in several other respects. The Hospital filed a Motion for Summary Judgment on the ground, inter alia, that it was entitled to governmental immunity. McGuire answered that such immunity had been waived by the Texas Tort Claims Act, TEX. REV. CIV. STAT. ANN. art. 6252-19. The trial court granted the Hospitals motion and rendered summary judgment that McGuire take nothing. The court of civil appeals noted that the record failed to make clear whether the Hospital had a duty to install bed rails absent a doctors orders and concluded, "Because of the doubt existing as to any duty on the part of the hospital to install bed rails under the prevailing circumstances, we are unable to determine the applicability, if any, of the Tort Claims Act." The judgment was reversed and the cause remanded for further development. 514 S.W.2d 79.


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