Texas Tort Claims Act Extends Waiver of Governmental Immunity to Cases Involving Injuries Caused by Failure to Provide Protective Items of Tangible Property

Andy Lowe suffered a knee injury while playing varsity football at Texas Tech University, a State-supported institution. He continued to play in subsequent seasons with the use of a knee brace and athletic tape. In 1972, Lowe entered a game wearing the knee brace and tape, but was unable to "cut well" or "move fast." A coach took Lowe out of the game, had him remove his knee brace and tape, and then put him back in the game. Lowe's knee was reinjured in the following plays. Lowe sued Texas Tech University under the Texas Tort Claims Act to recover for alleged total and permanent disability. The trial court dismissed the case for failure of the plaintiff's petition to allege an injury within the coverage of the Act. The court of civil appeals affirmed. The Texas Supreme Court reversed and remanded the case for trial, and issued a twofold holding: (1) Lowe's allegations of negligently furnishing defective equipment stated a case within the statutory waiver of immunity created by the Tort Claims Act, and (2) Lowe's allegations of negligently failing to provide him with protective items of personal property also brought his case within the statutory waiver of immunity.