Things Just Have Not Gonerway

In this case (Gonerway v. Corrections Corporation of America, et al.), the plaintiff–an inmate at the privately run correctional facility run by defendant CCA–claimed that defendants negligently failed to provide adequate medical care when she developed an severe eye infection as a result of the cosmetic contact lenses she wore while she was incarcerated.  CCA moved for summary judgment, which the trial court granted.  The Court of Appeals affirmed the trial court’s ruling, finding that CCA’s contract with the Texas Department of Criminal Justice did not give rise to a duty to provide medical care to inmates because that duty was outsourced to another entity, the Correctional Managed Health Care Committee. The Court also rejected Gonerway’s additional claim that CCA owed her a duty to insure that she received timely medical care because Gonerway’s own testimony indicated that CCA did, in fact, provide care shortly after it was informed of Gonerway’s complaints.

Gonerway v. CCA, No. 05-11-01524-CV