ABBOTT, Justice, joined by PHILLIPS, Chief Justice, CORNYN and SPECTOR, Justices, dissenting. I dissent because the Court incorrectly interprets the facts and abandons precedent. The Court erroneously classifies this as a “non-use” case under the Texas Tort Claims Act and concludes that sovereign immunity is not waived. In reality, this case involves a “misuse” of drugs. Evidence showed that Kerrville State Hosp…
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