Jessica D. Lee, M.D. v. Lois Hunter, Individually and on Behalf of the Estate of James Hunter, 05-16-00325-CV

On Feb 2, 2012, James Hunter was admitted to Parkland Hospital with a stroke; he developed hip/leg pain on Feb 29 and died March 1, 2012, from a pulmonary embolus.
Lois Hunter (individually and as estate representative) sued multiple providers including Dr. Jessica D. Lee for medical negligence, seeking survival, wrongful-death, and punitive damages.
Lee asserted she was a full-time employee and assistant professor at UT Southwestern Medical Center at Dallas (UTSWMC) and moved to dismiss under Texas Civil Practice & Remedies Code §101.106(f), which converts suits against employees into official-capacity suits against the governmental employer unless plaintiff timely substitutes the governmental unit.
Lee filed a §101.106(f) motion then, after 30 days passed, moved for summary judgment with affidavits (hers and UTSWMC HR), W-2s, and a Memorandum of Appointment showing UTSWMC employment.
Hunter opposed the initial motion arguing lack of proof that UTSWMC had the legal right to control the details of Lee’s work; Lee amended her motion with an additional affidavit; Hunter did not dispute the amended submission.
Trial court denied summary judgment; Lee appealed interlocutorily. The Court of Appeals reversed and rendered dismissal of Hunter’s claims against Lee.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether §101.106(f) requires dismissal of suit against Lee because she was a governmental employee acting within the scope of employment and plaintiff failed to substitute the governmental employer	Hunter argued Lee failed to conclusively prove UTSWMC had the legal right to control the details of her work, so Lee was not an "employee" for §101.106(f) purposes	Lee argued she was a paid, full-time UTSWMC employee; presented affidavits, W-2s, and appointment memo showing UTSWMC controlled work details and that claims arose in the scope of her employment, and she moved to substitute UTSWMC	Court held Lee conclusively proved all §101.106(f) elements; Hunter raised no disputed fact or exception; summary judgment dismissal was required

Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217 (Tex. 2004) (governmental immunity deprives trial court of jurisdiction)
Franka v. Velasquez, 332 S.W.3d 367 (Tex. 2011) (scope of tort claims act and immunity principles)
Powell v. Knipp, 479 S.W.3d 394 (Tex. App.—Dallas 2015) (movant asserting §101.106(f) must conclusively establish every element)
Murk v. Scheele, 120 S.W.3d 865 (Tex. 2003) (physician may be an employee when government controls practice despite independent medical judgment)
Tex. Dep’t of Aging & Disability Servs. v. Cannon, 453 S.W.3d 411 (Tex. 2015) (tort claims against government are brought under the tort claims act regardless of waiver)
Henning v. OneWest Bank FSB, 405 S.W.3d 950 (Tex. App.—Dallas 2013) (summary-judgment review is de novo)