Case Information

*1 Hon. Virgil A. Fielden

chairman

.Onmittoe Clabas snd&otooouuts

Audiin, ‘fexv

Dear Girt

Cpinim Ho.~C&M 2es Liability of the State for hospitali- m+ion of:peraons injuisd by k&g shot'* employee of Liquor. Co&ml Board.

Your request for 811 opinion on the following,questionr

'Is State of %xaa~liable for hospital bill. as result of inj&ies to person shot by employee of Liquor Control Board, nhiah ahooting ,,ooourred during i raid of injured party*6 prmises?' haa been reoeirsd bythia offioe.

Thb ireoti,.as ae understAnd them,,are about'88 follmsf (br Bmwnber 12; 1996, the sheriff of Morris Comity, Texas, called upon the Paris offioo of the Liquor Control Board for assiatanos and he was joined by In~otors Tom Warren and Y. L. tilp, employees of the Texas Liquor Control Board, fbr tImpurpose of attempting to arrest one Ross Davis, while ti the proaess of manufaoturing illicit liquor In Mofiis C-tfWs. As the oNioers.approauhed the mmne of the still,,Ross Davis and another man by the name of Clyde Pollm, who wan assisting him tit& the still, StWtCd IUilUing. Clyde Poll~.wns captured tut Ross Davis was armed dth es Mean Luger pistol and atbempts to fighten U.iuto submisaim through the firing of shots were apparently unavailing. The officers booam rsattercd in the wooded tsotion and during the prooeas of waiting and aaarohing, Mr. tilp ia.sow manner seeas to have shot Ross Davis in the loge alp assumsd‘responsibility for having fired the shot whioh struok Diyis, but denied intention mf hitting him. Hr.

Culp called for an nmbulanos and asoompanied Davir to the Ragland Clinio-Hospital where ha asked the mtteadmts to give mediaal treatmnt, giving asaurauw that he would do everthing possible to 8ea that oaapensation muld bs made for any servioe rendered. The,Ragl+nd Clinio- Hospital is now asking the St&e legislature to appropriaybo 4889.6s to , to pay Datia's hospital bill.'

Eon. Virgil A. Fielden, April 25, 1939, Page 2 C-668

In the oam of Brooks VI. State, 68 SE 2nd 534, in whioh as application for writ of error was denied, the oourt says:.

*A State employee injured while working on highway, allegedly by nsrrliaenoe of fellow employee, held not entitiled to recover from tG stato.~

This is not exactly in point but the oourt goes further and says,

"The state fs engaged in a governmental fun&ion end is not liable for the torts or negligenoo of its servants in absenoe of express assumption of suah 1iabiliw.s

The aourts have oorr~istmtly followed the holding in the Erooks oasO* In State vs. Porlstoin, 79 SE 2nd 14S, the oourt says%

' A mere moral obligatim of the State will not support as appropriation of state nloZlby t0 individuals, unless there is already i,u forgo a law whioh makes the tidividual's elaim a legal obligation of the State." As the State of Texas, though the Liquor Control Board of the State of Texas, is engaged in a governbsmtal~fU!&tionr. we think thatthe.,State olearly is not liable for the torts or negligonoe of the servants of the Liquor Colrfrol. BDard lri the absonoe of e%press assumption of.suoh liability. If there is a moral obligation on the part of the State to pay this claim, ti view of the dooision in the Perlstein oaso, this alone is not snffieient to support an appropriation Of Stat0 money fo pay same W&es8 there i6 already in foroe a law whioh makes an individual's olaim a legal obligation of the state. There is not such law in foroe in this State at this time. ?@ are,'theref6re~ of:thoa.opinion that the State of:Texas is not legally liable for this men's hospital bill.

We trust that this satisfactorily Wmwors your question.

very truly yours ATTOEEEYQEEE9Ah OPlcExAs, a/ Fred c. .Chaad1or : I

:-, 'Ey Fred C. Chandler

FCC:AE;LIZW Asaiatant

APPROVED:

s/ Gerald C. Mann

ATTOEEEY OEEEEAL OF TEEAS