UNIV. OF TX. HEALTH SCIENCE CTR. v. Crowder
349 S.W.3d 640
| Tex. App. | 2011Background
- Charles Thomas, 27, underwent an elective hip arthroscopy at Memorial Hermann Hospital on Feb. 20, 2007.
- Dr. Catherine Uzoni-Boecker ordered a lumbar plexus block; anesthesiology resident Dr. Katherine Hagan administered it.
- Thomas allegedly received ropivacaine injected into a vein, leading to cardiopulmonary failure and death on April 24, 2007.
- Crowder (widow) sued Uzoni-Boecker, Health Science Center, and related entities for wrongful death and survival claims; Hagan was not sued.
- Health Science Center moved to dismiss claims against Uzoni-Boecker under Texas Tort Claims Act, §101.106(e), arguing immunity; trial court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appellate court has jurisdiction to review | Crowder/Center rely on §51.014(a)(5) | Health Science Center asserts appellate power under §51.014(a)(5) | Yes, court has jurisdiction |
| Whether §101.106(e) requires dismissal of claims against an employee | Claims against Hagan arise from employment conduct | Claims should be dismissed under immune-suit statute when sued with unit | Dismissal required; claims against Uzoni-Boecker must be dismissed |
| Whether Uzoni-Boecker was an employee acting within scope of employment | Evidence shows Uzoni-Boecker employed by Health Science Center | Status contested | Uzoni-Boecker was an employee acting within scope |
| Whether Health Science Center is a proper party to invoke immunity dismissal under §101.106(e) | Plaintiffs alleged unit-based liability based on employee conduct | Center can move for dismissal under immunity | Center has standing; jurisdiction proper; subsection applies |
| Whether Open Courts clause prevents applying §101.106(e) | Open Courts protects common-law negligence claims | No cognizable common-law claims here; waiver under TTCA | Open Courts not violated; statutory claims not protected by Open Courts |
Key Cases Cited
- Franka v. Velasquez, 332 S.W.3d 367 (Tex. 2011) (abrogated Kassen; current §101.106 controls remedies against governmental units and employees)
- Kassen v. Hatley, 887 S.W.2d 4 (Tex. 1994) (government-employed personnel and official immunity before 2003 changes)
- City of Beverly Hills v. Guevara, 904 S.W.2d 655 (Tex.1995) (standing to appeal denial of summary-judgment when asserting employee's immunity)
- Klein v. Hernandez, 315 S.W.3d 1 (Tex. 2010) (defines 'state' in §51.014(a)(5) to include state agencies)
- Monsanto Co. v. Cornerstones Mun. Utility Dist., 865 S.W.2d 937 (Tex.1993) (state agencies vs. political subdivisions in §51.014(a)(5) analysis)
- Diaz v. Westphal, 941 S.W.2d 96 (Tex.1997) (Open Courts protection not applicable to statutory claims under TTCA)
- Bala v. Maxwell, 909 S.W.2d 889 (Tex.1995) (Open Courts analysis for statutory claims)
- Phillips v. Dafonte, 187 S.W.3d 669 (Tex.App.-Houston [14th Dist.] 2006) (open to appeal denial of dismissal under §51.014(a)(5) (distinguishable from Franka))