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Johnson v. Nacogdoches County Hospital District

The notice requirement of the Texas Tort Claims Act applies to an EMTALA cause of action.

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APPEAL FROM THE 145TH JUDICIAL DISTRICT COURT OF NACOGDOCHES COUNTY, TEXAS

Leo Johnson, individually and as representative of the estate of his wife, Betty Johnson, and their children, Doretha, Robert, Leon, Andrea, Kenneth, Chris, and Steve, appeal from a summary judgment entered in favor of Nacogdoches County Hospital District d/b/a Nacogdoches Memorial Hospital in their wrongful death and survival action against the Hospital. In two issues, the Johnsons assert that the trial court erred in granting the Hospital’s motion for summary judgment because the Texas Tort Claims Act’s notice provision does not apply to their federal cause of action and because there is an issue of material fact regarding whether the Hospital had actual notice of their claim. Because we conclude the summary judgment evidence raised a fact question on the issue of actual notice, we reverse the trial court’s judgment and remand for further proceedings.

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