 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
[W] Healthcare Centers of Texas3/7/2002
tatutory duty to take certain security measures. SENATE RESEARCH CENTER, BILL ANALYSIS, Tex. S.B. 25, 74th Leg., R.S. (1995).
The plaintiff contends she was harmed not only from Jones's criminal act, but also Healthcare Center's criminal act of injury to an elderly or disabled individual. Therefore, plaintiff seeks to recover under the first exception to section 41.005, i.e., the defendant committed the criminal act. Accordingly, the jury was charged on whether Healthcare Center's actions constituted the criminal act of injury to an elderly or disabled individual. See TEX. PEN. CODE ANN. § 22.04 (Vernon Supp. 2002). Healthcare Centers of Texas, Inc. owned LaPorte Healthcare Center and Anahuac Healthcare Center; they were not separate legal entities. Therefore, the sole question presented by LaPorte's first issue is whether Healthcare Centers of Texas, Inc. could be held criminally responsible under section 22.04 of the Texas Penal Code. See TEX. CIV. PRAC. & REM. CODE ANN. § 41.005.
Under section 22.04 it is a felony offense for a person to "intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission," cause to an elderly or disabled individual: "(1) serious bodily injury; (2) serious mental deficiency, impairment, or injury; or (3) bodily injury." "Person" is defined as an "individual, corporation, or association." TEX. PEN. CODE ANN. § 1.07(38) (Vernon 1994). A corporation or association is criminally responsible for a felony offense only if its commission was authorized, requested, commanded, performed, or recklessly tolerated by:
(1) a majority of the governing board acting in behalf of the corporation or association; or
(2) a high managerial agent acting in behalf of the corporation or association and within the scope of his office or employment. TEX. PEN. CODE ANN. § 7.22(b) (Vernon 1994).
The plaintiff has not alleged that LaPorte's acts were authorized, requested, commanded, performed, or recklessly tolerated by a majority of the governing board acting on behalf of the corporation, Healthcare Centers of Texas. The plaintiff alleges her harm resulted from the crime committed by the corporation through Dorsey Greer, the nursing home administrator for LaPorte. Therefore, we must determine whether there is sufficient evidence to show Greer was a high managerial agent acting in behalf of Healthcare Centers of Texas, Inc. "High managerial agent" is defined as "(A) a partner in a partnership; (B) an officer of a corporation; or (C) an agent of a corporation or association who has duties of such responsibility that his conduct reasonably may be assumed to represent the policy of the corporation or association." TEX. PEN. CODE ANN. § 7.21(2) (Vernon 1994).
Greer was not an officer of Healthcare Centers of Texas, Inc. Therefore, we must review the evidence to determine whether Greer was an agent whose conduct reasonably may be assumed to represent the policy of Healthcare Centers of Texas, Inc. Having reviewed the record, we find no evidence that Dorsey Greer's conduct reasonably may be assumed to represent the policy of Healthcare Centers of Texas. Greer testified that he was the administrator of LaPorte nursing home. There is no evidence that Greer's responsibilities extended beyond LaPorte nursing home. Further, there is no evidence that Greer participated in policy-making decisions for Healthcare Centers of Texas. Accordingly, Healthcare Centers of Texas may not be held criminally responsible under section 22.04 of the Texas Penal Code.
"It is the duty of the court to administer the law as it is written, and not to make law; and however harsh a statute m
Page 1 2 3 4 5 6 7 8 9 10 11 12 Texas DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|