Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of April 10, 2023.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Univ. of N. Tex. Health Sci. Ctr. v. Gonzalez, No. 02-22-00310-CV (Apr. 13, 2023) (Kerr, J., joined by Bassel and Womack, JJ.).

Held: The gravamen of the deceased’s family’s negligence claims was that intangible identifying information, not tangible personal property, was used or misused in misidentifying the deceased’s body as that of a participant in the University of North Texas Health Science Center’s Willed Body Program. The family thus did not and could not plead facts sufficient to show that the University’s actions—mistakenly harvesting the deceased’s organs as part of the University’s Willed Body Program—fell within the Texas Tort Claims Act’s immunity waiver for personal injury caused by a use or misuse of tangible personal property.