Slocum v. Galveston County
Decision Date | 01 December 1966 |
Docket Number | No. 242,242 |
Citation | 410 S.W.2d 487 |
Parties | Blake G. SLOCUM and wife, Barbara Slocum, Appellants, v. GALVESTON COUNTY, Texas, Appellee. . Tyler |
Court | Texas Court of Appeals |
Simpson, Hancock & Green, James P. Simpson, Texas City, for appellants.
Markwell, Stubbs, Decker, Dalehite & Youngblood, William D. Decker and Elmo M. Johnson, Galveston, for appellee.
Appellants, Blake G. Slocum and wife, brought a suit for personal injuries against Galveston County alleging that Mrs. Slocum had sustained personal injuries as a result of consuming a meal in which was embedded a piece of glass which severely injured her gums, mouth and teeth. At the time of sustaining her injuries, Appellant was a paying patient in Galveston County Memorial Hospital, which was owned and operated by the Defendant. Appellant contends that such occurrence, in the absence of the asserted defense of governmental immunity, was such as to form the basis for liability based upon the well settled doctrine of products liability. Upon the filing of her suit for damages, the Defendant, Galveston County, through its counsel filed a motion for summary judgment under Rule 166--A of the Rules of Civil Procedure of Texas in which the Defendant asserted the defense of governmental immunity. Based upon such motion and upon well settled law, the Trial Judge granted the County's motion for summary judgment. This appeal followed in due course.
'FIRST POINT OF ERROR
'The Trial Court erred in granting the motion for summary judgment in this cause, acting as it did on the asserted grounds of governmental immunity from tort liability.
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