Dallas Metrocare Servs. v. Adolfo Juarez, 420 S.W.3d 39 (Tex. 2013). · Go Syfert
Dallas Metrocare Servs. v. Adolfo Juarez, 420 S.W.3d 39 (Tex. 2013). Cases Citing This Book View Copy Cite
51 citation events (51 in the last 25 years) across 3 distinct courts.
Strongest positive: City of Houston v. Tanisha Tennon (txctapp1, 2026-01-22)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) City of Houston v. Tanisha Tennon
txctapp1 · 2026 · signal: see also · quote attribution · 1 verbatim quote · confidence high
an appellate court must consider all of a defendant's immunity arguments in plea to the jurisdiction, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.
discussed Cited as authority (verbatim quote) La Villa Independent School District and Sonia M. Lopez v. Marlene Hinojosa
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
an appellate court must consider all of a defendant's immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.
discussed Cited as authority (verbatim quote) United Concerts International v. the City of Hidalgo, Texas Municipal Facilities Corporation D/B/A Payne Arena
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
an appellate court must consider all of a defendant's immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.
discussed Cited as authority (verbatim quote) Town of Northlake, Texas, and Mayor Brian Montini v. George Roland
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
under rusk, an appellate court must consider all of a defendant's immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.
discussed Cited as authority (verbatim quote) Lakeview Police Department and the City of El Lago v. Corrie Moody (2×) also: Cited as authority (rule)
Tex. App. · 2025 · quote attribution · 1 verbatim quote · confidence high
an appellate court must consider all of a defendant's immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.
discussed Cited as authority (verbatim quote) City of Houston, Texas v. 4 Families of Hobby, LLC, 4 Families of Houston, LLC and Pappas Restaurants, Inc. (2×) also: Cited as authority (rule)
Tex. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
an appellate court must consider all of a defendant's immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.
discussed Cited as authority (verbatim quote) Texas Department of Transportation v. Mark Self and Birgit Self
Tex. · 2024 · quote attribution · 1 verbatim quote · confidence high
an appellate court must consider all of a defendant's immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.
discussed Cited as authority (verbatim quote) Harris County Fresh Water Supply District No. 61 v. Magellan Pipeline Company, L. P. and V-Tex Logistics LLC
Tex. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
an appellate court must consider all of a defendant's immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.
discussed Cited as authority (verbatim quote) Town of Westlake, Texas v. City of Southlake, Texas
Tex. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
under rusk, an appellate court must consider all of a defendant's immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.
discussed Cited as authority (verbatim quote) City of Grapevine v. Ludmilla B. Muns, Richard Mueller, Kari Perkins, Kevin Perkins, Pamela Holt, and A-1 Commercial and Residential Services, Inc.
Tex. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
under rusk, an appellate court must consider all of a defendant's immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.
discussed Cited as authority (verbatim quote) City of Grapevine v. Ludmilla B. Muns, Richard Mueller, Kari Perkins, Kevin Perkins, Pamela Holt, and A-1 Commercial and Residential Services, Inc.
Tex. App. · 2021 · quote attribution · 1 verbatim quote · confidence high
under rusk, an appellate court must consider all of a defendant's immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.
discussed Cited as authority (verbatim quote) Annab v. Harris County
Tex. App. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
an appellate court must consider all of a defendant's immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.
discussed Cited as authority (rule) James Brickley v. Codi Mitchell
Tex. App. · 2025 · confidence medium
CONCLUSION We affirm the trial court’s order granting Mitchell’s plea to the jurisdiction. /s/ Scott A. Brister Scott A. Brister Chief Justice Before Chief Justice Brister and Justices Field and Farris. 36 Tex. Dep’t of Transp. v. Self, 690 S.W.3d 12 , 20–21 (Tex. 2024). 37 See id. at 21 (quoting Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013)). 38 See, e.g., Herrera, 702 S.W.3d at 541; Harris Cnty. v. Sykes, 136 S.W.3d 635, 639 (Tex. 2004) (“In general, a dismissal with prejudice is improper when the plaintiff is capable of remedying the jurisdictional defect.”). …
discussed Cited as authority (rule) Sandra Greene// City of Austin v. City of Austin// Cross-Appellee, Sandra Greene
Tex. App. · 2025 · confidence medium
It follows that “an appellate court must consider all of a defendant’s immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.” Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013) (per curiam); see also Rusk State Hosp. v. Black, 392 S.W.3d 88, 95 (Tex. 2012) (even “if immunity is first asserted on interlocutory appeal, [the interlocutory-appeal statute] does not preclude the appellate court from having to consider the issue at the outset in order to determine whether it has jurisdiction to address the me…
discussed Cited as authority (rule) Robertina Ransom v. University of Texas at El Paso
Tex. App. · 2023 · confidence medium
However, even assuming UTEP had not challenged constructive knowledge at the trial court level, on appeal, we “must consider all of a defendant’s immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.” Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013). 6 reasonable inspection would have discovered the deterioration.” CMH Homes, Inc. v. Daenen, 15 S.W.3d 97, 101 (Tex. 2000).
discussed Cited as authority (rule) The City of Houston v. Monica Garcia
Tex. App. · 2023 · confidence medium
Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013) (per curiam) (appellate courts must consider defendant’s governmental-immunity arguments raised for the first time on appeal). 8 grievance or appeal procedure, Garcia was required to give some notice to the City that she wanted to administratively challenge her termination.
discussed Cited as authority (rule) the City of Houston v. Eric Albert Gonzales (2×) also: Cited "see"
Tex. App. · 2021 · confidence medium
In that connection, we “consider all of a defendant’s immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.” Dallas Metrocare Servs. 2 v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013).
discussed Cited as authority (rule) City of Heath v. Robert Williamson D/B/A PCNETSYS
Tex. App. · 2021 · confidence medium
An appellate court “must consider all of a defendant’s immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.” Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013) (per curiam); Rusk State Hosp. v. Black, 392 S.W.3d 88 , 94–97 (Tex. 2012). –5– waives a governmental entity’s immunity from suit for breach of a written contract.
discussed Cited as authority (rule) James H. Watson and Others Similarly Situated v. City of Southlake (2×)
Tex. App. · 2019 · confidence medium
Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013) (per curiam).
discussed Cited as authority (rule) City of Floresville, Texas, City of Floresville City Council, City of Floresville City Planning and Zoning Committee, and the Wilson County Appraisal District v. Starnes Investment Group, LLC
Tex. App. · 2016 · confidence medium
“Under Rusk, an appellate court must consider all of a defendant’s immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.” Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex.2013); see also Clint Indep.
cited Cited as authority (rule) Meena Bansal Individually and as Representative of Estate of Munish Bansal, and Virinder Bansal v. University of Texas M.D. Anderson Cancer Center
Tex. App. · 2016 · confidence medium
Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex.2013) (per curiam)); see also Greene v. Farmers Ins.
discussed Cited as authority (rule) Texas Education Agency and Mike Morath, Commissioner of Education, in His Official Capacity v. American Youthworks, Inc., D/B/A American Youthworks Charter School Honors Academy, Inc., D/B/A Honors Academy And Azleway Inc., D/B/A Azleway Charter School
Tex. App. · 2016 · confidence medium
See Texas Ass’n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 445-46 (Tex.1993); see also Rusk State Hosp. v. Black, 392 S.W.3d 88, 94-97 (Tex.2012) (holding defendants may bring — and courts must address — immunity-based jurisdictional challenges that are raised for the first time on appeal, even in the context of an interlocutory appeal); Dallas Metrocare Seres, v. Juarez, 420 S.W.3d 39, 41 (Tex.2013) ("Under Rusk, an appellate court must consider all of a defendant’s immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or n…
cited Cited as authority (rule) Abutahoun v. Dow Chemical Co.
Tex. · 2015 · confidence medium
Metrocare Servs. v. Juarez, 420 S.W.3d 39, 42 (Tex.2013) (per curiam).
cited Cited as authority (rule) the Dow Chemical Company v. Magdalena Adrienna Abutahoun
Tex. App. · 2015 · confidence medium
Metrocare Servs. v. Juarez, 420 S.W.3d 39, 42 (Tex. 2013) (per curiam).
discussed Cited as authority (rule) San Antonio Water System v. Debra Nicholas
Tex. · 2015 · confidence medium
Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex.2013) (per curiam); see also Rusk State Hosp. v. Black, 392 S.W.3d 88, 95 (Tex.2012) (Even “if immunity is first asserted on interlocutory appeal, [the interlocutory-appeal statute] does not preclude the appellate court from having to consider the issue at the outset in order to determine whether it has jurisdiction to address the merits.”); Univ. of Hous. v. Barth, 313 S.W.3d 817, 818 (Tex.2010) (per curiam) (holding court of appeals erred in concluding governmental entity waived jurisdictional challenge).
discussed Cited as authority (rule) in Re: Tarrant Regional Water District, a Water Control and Improvement District (2×) also: Cited "see"
Tex. App. · 2015 · confidence medium
Delivery Co. LLC, 331 S.W.3d 91 (Tex. App. – Dallas 2010), rev'd on other grounds, 369 S.W.3d 845 (Tex. 2012) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9-10 Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013). . . . . . . . . . . 15 Federal Maritime Com'n v. South Carolina State Ports Authority, 122 S. Ct. 1864 (2002) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 FKM P'ship, Ltd. v. Bd. of Regents of Univ. of Houston Sys., 255 S.W.3d 619 (Tex…
discussed Cited "see" Lincoln Property Company, SP II Limited Partnership, and San Antonio Housing Authority Foundation, Inc. v. Leticia Herrera as Representative of the Estate of Maria L. Herrera
Tex. App. · 2025 · signal: see · confidence high
Dist. v. McIntyre, 584 S.W.3d 185 , 196 (Tex. App.—El Paso 2018, no pet.) (citation omitted); see Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013) (per curiam) (“Under Rusk, an appellate court must consider all of a defendant’s immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.”).
discussed Cited "see" Commission for Lawyer Discipline v. Brent Edward Webster
Tex. App. · 2023 · signal: see · confidence high
See Dallas Metrocare Services v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013) (citing Rusk State Hospital v. Black, 392 S.W.3d 88, 94 (Tex. 2012)) (“[A]n appellate court must consider all of a defendant’s immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.”). 16 354 S.W.3d 384, 388 (Tex. 2011)).
discussed Cited "see" Zeon Chemicals, L.P. v. Harris County Appraisal District
Tex. App. · 2022 · signal: see · confidence high
See Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013) (per curiam) (“an appellate court must consider all of a defendant’s immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all”). 1.
cited Cited "see" Sammy Dean Willhoite v. Texas Department of Criminal Justice-ID
Tex. App. · 2016 · signal: see · confidence high
CODE ANN. § 101.021(2) (West 2011); see Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013).
discussed Cited "see" Harpinder Singh, Jagjit S. Gill, and Baldev Singh v. Gurnam Singh Sandhar, Inqlabi Thandi, Daljit Singh, Baljinder Singh Bhatti, Sodagar Singh Virk, and Baljinder Singh
Tex. App. · 2016 · signal: see · confidence high
See Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 40-41 (Tex.2013) (holding court of appeals erred in concluding that its review of trial court’s jurisdictional ruling was limited to the grounds stated in plea to the jurisdiction); DeWolf v. Kohler, 452 S.W.3d 373, 382 (Tex.App.-Houston [14th Dist.] 2014, no pet.) (“A court is obliged, to determine whether it has subject-matter jurisdiction and must consider the question sua sponte even if it is not challenged by a party.”).
discussed Cited "see" City of Houston v. Robert A. Smith
Tex. App. · 2015 · signal: see · confidence high
See Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013) (per curiam) (stating that court of appeals should consider additional grounds of immunity on appeal regardless of whether raised in trial court); Black, 392 S.W.3d at 94–97 (sovereign immunity deprives courts of subject-matter jurisdiction); Univ. of Tex. M.D.
discussed Cited "see" in the Interest of C.D.B., a Minor Child
Tex. App. · 2015 · signal: see · confidence high
See Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39 , 40–41 (Tex. 2013) (holding court of appeals erred in concluding that its review of the trial court’s jurisdictional ruling was limited to the grounds stated in the plea to the jurisdiction); DeWolf v. Kohler, No. 14-13-00778- CV, 2014 WL 6462363, at *3 (Tex. App.—Houston [14th Dist.] Nov. 18, 2014, no pet.) (holding trial court did not err in dismissing a claim sua sponte for lack of subject matter jurisdiction).
discussed Cited "see" Dallas Metrocare Services v. Juarez, Adolfo (2×)
Tex. App. · 2014 · signal: see · confidence high
See Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 78, 81 (Tex. App.—Dallas 2012), rev’d, 420 S.W.3d 39 (Tex. 2013).
cited Cited "see" College of the Mainland v. Bruce Glover
Tex. App. · 2014 · signal: see · confidence high
See Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex.2013) (per curiam); Univ. of Tex. M.D.
discussed Cited "see, e.g." Texas State University and Texas State University System v. Stuart Patrick Wilkinson
Tex. App. · 2025 · signal: see also · confidence medium
It also argues that raised [it] in the trial court." See Glover, 436 her reference to the former volleyball coach S.W.3d at 394; see also Dallas Metrocare Servs. regarding his alleged conduct between 1997 and v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013) (per 2000 is a "vague allusion" to a "far-flung curiam) (court of appeals erred when it concluded incident[]" that cannot suffice as proof of a that it could not consider jurisdictional similarly situated individual during the relevant arguments raised for first time on appeal).
discussed Cited "see, e.g." City of Bertram, Texas v. Vicki Reinhardt
Tex. App. · 2015 · signal: see also · confidence medium
However, in the event Reinhardt could demonstrate that she initiated action, an issue would also potentially arise regarding her compliance with the Act’s sixty-day requirement. 7 See Rusk State Hosp. v. Black, 392 S.W.3d 88 , 94–97 (Tex. 2012); see also Dallas Metrocare Servs. v. Juarez, 420 S.W.3d 39, 41 (Tex. 2013) (per curiam) (“Under Rusk, an appellate court must consider all of a defendant’s immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all.”). 3 on which her suit is based, or at least not a “meaningful…
Retrieving the full opinion text from the archive…
DALLAS METROCARE SERVICES, Petitioner,
v.
Adolfo JUAREZ, Respondent
12-0685.
Texas Supreme Court.
Nov 22, 2013.
420 S.W.3d 39
Joel E. Geary, Kathryn E. Long, Vincent Lopez Serafino Jenevein, PC, Dallas, TX, for Petitioner., Julian V. Buenger, Julian V. Buenger, P.C., Dallas, TX, for Respondent.
Per Curiam.
Cited by 41 opinions  |  Published
PER CURIAM.

After being sued by a patient who was struck by a falling whiteboard, a governmental entity pled immunity, arguing that[*40] the alleged injury did not arise from the “use” of personal property. The trial court denied the plea, and the defendant argued for the first time on appeal that the property’s “condition” did not cause the accident. Because the defendant had not originally asserted that argument in the trial court, the court of appeals declined to consider it. In light of our recent decision in Rusk State Hospital v. Black, 392 S.W.3d 88 (Tex.2012), we reverse the court of appeals’ judgment and remand to that court for further consideration of the defendant’s jurisdictional arguments. We also conclude that the patient’s alleged injuries were not caused by the “use” of the whiteboard, and the court of appeals erred to the extent it held otherwise.

Dallas Metrocare Services is a public nonprofit organization that provides mental health care to Dallas County residents. Adolfo Juarez attended periodic treatment and counseling sessions at one of Metro-care’s clinics. During one such session, Juarez was seated at one end of a long rectangular table in the clinic’s conference room. A 4' by 8' whiteboard that had been propped on a table behind him fell, hitting Juarez in the head. Both parties agree that no one was writing on or moving the whiteboard, or its table, when the incident occurred.

Juarez sued Metrocare for negligence. Metrocare filed a jurisdictional plea, asserting that Juarez had failed to allege facts demonstrating a waiver of Metro-care’s immunity under the Texas Tort Claims Act. Metrocare argued that Juarez’s claim neither involved Metrocare’s “use” of tangible personal property, nor was a claim for premises liability under the Act. See Tex. Civ. Prao. & Rem.Code § 101.021(2) (“A governmental unit in the state is liable for ... personal injury ... so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.”); § 101.022(a) (“Duty Owed: Premise and Special Defects”). Juarez opposed Metrocare’s plea and amended his petition to add four additional allegations of negligent conduct, specifically addressing the “unsafe condition” of the whiteboard and conference room. Juarez clarified that because he was alleging a general negligence claim arising from the condition or use of tangible personal property, the Act waived Metrocare’s immunity. See id. § 101.021(2). The trial court denied Met-rocare’s plea.

Metrocare appealed, and the court of appeals affirmed, rejecting Metrocare’s arguments that Juarez’s pleadings failed to demonstrate a waiver of Metrocare’s immunity under either the premises liability prong or the “use” or defective “condition” prongs.

In doing so, the court of appeals considered Juarez’s amended petition and concluded that his pleadings included allegations based on the unsafe “condition” of tangible personal property. Though Met-rocare’s appellate briefs included arguments addressing all potentially relevant prongs — premises liability, use, and condition — the court of appeals determined that Metrocare’s plea to the jurisdiction had “wholly failed to address Juarez’s claim that the negligence claim involved the condition of tangible personal property.” 420 S.W.3d 78, 81. The court of appeals noted that “[although Metrocare [has] now raise[d] arguments asserting Juarez [could] not allege a claim involving the condition of tangible personal property,” the court believed that its “review [wa]s limited to the grounds set forth in [Metro-care’s] plea to the jurisdiction that was before the trial court.” Id. (citing City of Dallas v. Turley, 316 S.W.3d 762, 774 (Tex.App.-Dallas 2010, pet. denied)). The[*41] court also concluded that Juarez had “alleged a negligence claim involving the condition or use of tangible personal property.” Id. (emphases added).

Because the court of appeals first noted that its review was “limited to the grounds set forth in the plea to the jurisdiction,” which did not include the condition argument, but nevertheless concluded that Juarez “alleged a negligence claim involving the condition or use of tangible personal property,” it is unclear exactly which of Metrocare’s arguments the court of appeals considered or relied upon in affirming the trial court’s denial of the plea. In any case, the court of appeals erred when it concluded that it could not consider jurisdictional arguments that Metrocare raised for the first time on appeal.

Shortly after the court of appeals issued its opinion, we decided Rusk State Hospital v. Black, 392 S.W.3d 88 (Tex.2012). The question in Rusk was whether “an appellate court [could] consider on interlocutory appeal whether a governmental entity has immunity when the trial court did not address the issue first.” Id. at 93. We decided that because immunity from suit implicates a court’s jurisdiction, the Rusk court of appeals erred when it declined to consider the state hospital’s new immunity arguments on appeal. Id. at 91. We held that even “if immunity is first asserted on interlocutory appeal, section 51.014(a) [of the Texas Civil Practice & Remedies Code] does not preclude the appellate court from having to consider the issue at the outset [of its analysis] in order to determine whether it has jurisdiction to address the merits.” Id. at 95 (emphasis added). Under Rusk, an appellate court must consider all of a defendant’s immunity arguments, whether the governmental entity raised other jurisdictional arguments in the trial court or none at all. See id. at 94.

Unlike the defendant in Rusk, Metro-care asserted additional grounds for immunity on appeal rather than entirely neglecting to raise its immunity defense in a plea to the jurisdiction. But because the court of appeals declined to consider Met-rocare’s arguments addressing Juarez’s claims on the “condition of tangible personal property,” yet nevertheless concluded Juarez “alleged a negligence claim involving the condition or use of tangible personal property,” the court of appeals’ decision does not comport with Rusk. 420 S.W.3d at 81. On remand, the court of appeals should consider all of Metrocare’s immunity arguments, including those addressing the whiteboard’s “condition.”

To the extent that the court of appeals based its judgment on the “use” prong, this was also error, because Juarez has not demonstrated that the Act’s “use” prong has waived Metrocare’s immunity. See Tex. Civ. PraC. & Rem.Code § 101.021(2) (“A governmental unit in the state is liable for ... personal injury ... so caused by a ... use of tangible personal ... property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.”). This provision “waives immunity for claims based upon the ‘use’ of tangible personal property only when the governmental unit itself uses the property.” Rusk, 392 S.W.3d at 97. That is, “a hospital does not ‘use’ tangible personal property ... within the meaning of section 101.021(2) by merely providing, furnishing, or allowing a patient access to it.” Id. at 98. Therefore, the hospital in Rusk did not “use” a plastic bag with which a patient committed suicide. Id.; see also San Antonio State Hosp. v. Cowan, 128 S.W.3d 244, 246 (Tex.2004) (hospital did not “use” the walker and suspenders a patient used to commit suicide).

Metrocare did not “use” the whiteboard merely by making it available for use. As[*42] Metrocare points out, if displaying the whiteboard constitutes “use,” immunity will be waived every time a piece of government property causes injury. If the court of appeals based its decision on the “use” prong, therefore, that was error. Of course, the court of appeals may have intended to affirm on the “condition” prong. We express no opinion on whether that provision waives Metrocare’s immunity. But to the extent that the court of appeals considers the “condition” prong on remand, it must also consider all of Metro-care’s relevant arguments, even those raised for the first time on appeal.

Finally, we are unclear how the court of appeals disposed of the parties’ arguments concerning premises liability. See 420 S.W.3d at 80 (noting only that Metrocare had taken the “precise opposite position in the trial court” on the premises liability issue). To the extent that the court did not address any premises-liability arguments that were properly before it, it should do so on remand. We express no opinion on whether Juarez has alleged a premises-liability claim that waives Metro-care’s immunity, just as we express no opinion about the “condition” prong.

Accordingly, without hearing oral argument, we grant Metrocare’s petition for review, reverse the court of appeals’ judgment, and remand the ease to that court for further proceedings consistent with this opinion. Tex.R.App. P. 59.1, 60.2(d).