This is a medical malpractice case in which the trial court denied the hospitals’ plea to the jurisdiction based on sovereign immunity. The hospital appealed. The issue was whether the prescription of a dangerous drug constituted the use of tangible personal property.

This case was a wrongful death case brought against eh City of Corsicana after the Plaintiffs’ young children drowned at an unmarked low water crossing during a torrential rainstorm. The trial court granted the City’s plea to the jurisdiction, finding that the City as protected from suit by sovereign immunity. The brief asserted that the low water crossing was a special defect for which the city was not entitled to sovereign immunity.
The court of appeals agreed and reversed and remanded the case.