Untitled Texas Attorney General Opinion ( 1947 )

Hon. E. Y. Cunningham Opinion No. V-07
County Auditor
Navarro County Rc: Liability of Navarro County
Corsicana, Texas for injuries sustained by a
parson delivering flowers
to a hospttal opsrated by
Navatro County.
Dear Sir:
Your letter of FIbruary 26, 1947, requests an opinion
: based upon the following facta aad related question:
“Navarro coccaty~owns and Qperates a :county hor-
pita1 managed by a heapital boaEd which is appointed by
and undsr the ruperviedon of the Commissioner& Court.
“In Deaember, a lady making a delivery of flowers
from a local fIori6,t$va,s walking through the halls and
she was advised by the janitor to be car,tful a6 the floors
were vary rliok. Rowav6r, she 6lipp6d and fell, br,6aking
he,r arm after having been wasned that the flo$rw were
slick. She was advised by th6 .horpital manager during
the exqitemant to go ahead and have, her arm let.
“She now claims damages which includes her doc-
tor bill Md medical, care.
1 “Would Navarao Oau@t$~lplrliable fox thir exprnre
or any other expen6u that niay come from thle accident? ”
,i
Your querttea ir re6peo#uilly asmrrrd in tb negative.
The law ir wall retthd that a county ir not liable for the negli-
gent act6 of,ittr rgantr or umployew, wlrar liability,ther6for
ha6 bren rp6c,ific~ally or implhd& provrkhd dot b 8tatute, The
latest car0 &pplying’yhi6 rde ih’ b* fW6isd v, X6bb county
(Court of Civil Apperhj 128 $, W. (24 475. There the Court
announced tha rule, togr.thhd,rwith l rrtbriWp, as follows:
“Thr appll;orbls ru16 i,a U612 6W& in Tax, ,Jur,,
in which it is r&i&: ‘It -6 l’ong krrn %#I law in Tixar
that a ,ceunty i6 mot llrhh in d6ttl,6 Par injuries sus-
Wned in ooosurqur*co OS bhr tortfew or nr#isrnt lcbr
Hon. E, 9. Cu:unn~hl~m, Pt@s 2 Oplnias We:V-87
of its agentr oc 6mpfoya66, unless IOkbility thesefor
be created by *Muk, +i&er in e*giecs tsrms or by
necessary implica$to.n. of tourse the county is not
liable for th6 kct6 0d it6 oifio6rS where ew?h ads
are not parkned In calracotioa wflh *rir official
duties.’ 11 Tcr. jaw. 1$+(lilt, 8 92; Weigel Y. Wichita
Cmmty, 84 Tw, 888, 19 8. W. 562, 31 Am. St. Rep,
63; WaN’f6 Chuaiy v. bcshart, 115 Tex. 449, 203 S.W.
U9; Jonar County v. Mums, ‘Sex. Civ. hpp., 4 8. W.
2d 269, rrii roilrsr~ *y.Ua County v, Bead, Tts.
Civ. App., 16 8, W. 1d 33 ; Crause v. Harris County,
18 Tex. Civ. App. 375, 44 S.W. 616; Bryan v. Liber-
ty County, Tcx. Civ. App., 299 S.W. 303; Baun w,
Trustees, etc., Tel. Civ. App., 114S. W. 2d 947, writ
refused.”
NavarroCOunty 46 not liable, for por6onal injury
damager, &&eluding dector bills, resulting from the
negligenaw or omisrlon of the county’s agents or em-
ployeer operatltq a r-@-owned hospital.
Your6 wry truly,
ATTORNEYGENER.&OFTtXAS
BY + & -
Chrrlcs E. CTe,nshaw