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Harris v. Galveston County – Case Brief Summary (Texas)

In Harris v. Galveston County, 799 S.W.2d 766 (Tex. App.--Houston 14th Dist. 1990, writ denied), the plaintiff filed three petitions. Id. at 767-68.

The original petition against the county hospital, doctors, and a nurse alleged negligence in connection with the plaintiff's surgery. Id. at 767.

The second amended petition alleged causes of action against the county for negligent monitoring of staff physicians under the Texas Tort Claims Act. Id.

The third amended petition alleged for the first time a cause of action for negligent post-operative use of property (failure to obtain a proper bed). Id. at 767-69.

The court of appeals found the new cause of action did not relate back to the original petition and was barred by limitations. Id. at 769.