369 S.W.3d 523
Tex. App.2012Background
- Texas Tech Univ. Health Sciences Center and University Medical Center are governmental units under the Texas Tort Claims Act and enjoy sovereign immunity.
- Plaintiffs alleged negligent medical acts by multiple doctors leading to Salvador Villagran, Sr.’s death at University Medical Center.
- Initially, only individual doctors were named; later, Texas Tech substituted as to acts of the unit’s employees.
- Dr. Tello was dismissed under section 101.106(f); plaintiffs amended to substitute TTU Health Sciences Center as defendant for his acts.
- The trial court dismissed several individual defendants under 101.106(e) but denied dismissal of TTU Health Sciences Center under 101.106(b).
- Appellees contend the amended pleadings against TTU Health Sciences Center are not barred by the election-of-remedies provisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 101.106(b) bars TTU Health Sciences Center when suit also named its employees | Villagran claims same subject matter; election bars government unit | Separation of claims and substitution under 101.106(f) excludes bar | No; 101.106(b) does not bar TTU Health Sciences Center under these facts |
Key Cases Cited
- Mission Consol. Indep. Sch. Dist. v. Garcia, 253 S.W.3d 653 (Tex. 2008) (election of remedies; damages caps and government unit consent)
- Bossley v. Dallas County Mental Health & Retardation, 968 S.W.2d 339 (Tex. 1998) ("same subject matter" = same actions, transactions, or occurrences)
- Esparza v. City of Houston, 369 S.W.3d 238 (Tex.App.-Hous. [1st Dist.] 2011) (when suit against unit and employee, dismissal scheme governs)
- Singleton v. Casteel, 267 S.W.3d 547 (Tex.App.-Houston [14th Dist.] 2008) (jurisdiction on interlocutory appeal from immunity rulings)