Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Kamel v. University of Texas Health Science Center at Houston

In this medical-malpractice case, appellant appeals from the trial court's grant of appellee University of Texas Health Science Center at Houston's plea to the jurisdiction. The judgment of the trial court is affirmed. Houston's 1st Court of Appeals, No. 01-09-00163-CV, 10-22-2010

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION

In this medical malpractice case, appellant, Safwat Kamel, appeals from the trial court’s grant of appellee University of Texas Health Science Center at Houston’s (“UTHSCH’s”) plea to the jurisdiction. In four issues, Kamel argues that (1) the trial court abused its discretion in granting UTHSCH’s plea to the jurisdiction because no fact issue remained regarding whether Kamel’s claim was based upon an employee of UTHSCH’s use or misuse of tangible personal property, as required by the Texas Tort Claims Act (TTCA)*fn1 for waiver of a governmental entity’s immunity; (2) he properly pleaded that UTHSCH waived its immunity under the TTCA and no fact issue exists regarding the trial court’s jurisdiction over UTHSCH; (3) the trial court was bound by its previous ruling dismissing with prejudice Kamel’s claims against UTHSCH’s employee; and (4) the trial court’s rulings violated “the Open Courts Provisions” of the Texas Constitution.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
General Counsel Conference Midwest: SuperConference 2025
April 08, 2025 - April 09, 2025
Chicago, IL

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
Go to Events Go to Webcasts
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
ATTORNEY - REMOTE - NEW YORK

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›
Associate Justice- Appellate Division, Palau Supreme Court

The Republic of Palau Judiciary is seeking applicants for one Associate Justice position who will be assigned to the Appellate Division of ...


Apply Now ›
Go to Lawjobs

The American Lawyer provides the most informed and trusted source of news, data, analysis and forecasting on the global business of law.

News
Surveys & Rankings
Special Packages
American Lawyer