Laman v. Big Spring State Hosp

In Laman v. Big Spring State Hosp., 970 S.W.2d 670 (Tex.App.--Eastland 1998, pet. denied), Laman was admitted to the Southwest Psychiatric Services Unit at the Big Spring State Hospital. After she became agitated, combative, and delusional, the staff escorted her to a "change-of-environment" room which was located in the men's side of the unit. A doctor prescribed a sedative and Laman was left alone in the unlocked room after she fell asleep. A short time later, Laman was raped by a male patient. She filed suit against the state hospital, alleging that she was injured as a result of a condition or use of the room in which she was assaulted, the room having been: (1) unlocked with the door open to the men's hall; (2) unstaffed; (3) occupied only by a heavily-sedated female patient. Laman alleged that the condition of the room constituted a premises defect, that the use of the room in that condition constituted a misuse of tangible property, and that the use of the room constituted the negligent implementation of policy. Laman, 970 S.W.2d at 671. The trial court granted summary judgment in favor of the State based upon sovereign immunity. The Eastland Court of Appeals found that the facts did not support a cause of action for a premises defect because they did not involve a defect, shortcoming, or imperfection of the room or the door. Id. at 672.