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The University of Texas Health Science Center At Houston v. Crowder

The wife and parents of a man who died following surgery at a hospital sued a governmental unit, a doctor employed by the unit and other defendants, asserting wrongful death and survival claims based on the alleged negligence of the attending anesthesiologist and an anesthesiology resident employed by the governmental unit. The trial court denied the governmental unit's motion to dismiss the claims against its employee under Texas Civil Practice & Remedies Code §101.106(e). Applying precedent from the Texas Supreme Court, the trial court erred to the extent it determined that construing §101.106(e) to require dismissal of the claims against the doctor would violate the Open Courts provision of Texas Constitution Article I, §13. For this reason, we reverse and remand with instructions for the trial court to dismiss the claims against the employee of the governmental unit. Houston's 14th Court of Appeals, No. 14-10-00092-CV, 04-14-2011

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In The Fourteenth Court of Appeals

OPINION

The wife and parents of a man who died following surgery at a hospital sued a governmental unit, a doctor employed by the unit, and other defendants, asserting wrongful death and survival claims based on the alleged negligence of the attending anesthesiologist and an anesthesiology resident employed by the governmental unit. The trial court denied the governmental unit’s motion to dismiss the claims against its employee under section 101.106(e) of the Texas Civil Practice and Remedies Code. Applying precedent from the Supreme Court of Texas, we conclude that the trial court erred in denying this motion. For this reason, we reverse and remand with instructions for the trial court to dismiss the claims against the employee of the governmental unit.

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