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The University of Texas Health Science Center v. Bailey, et. al

Texas Tort Claims Act �101.106(f) allows a plaintiff who has sued a government employee in what is considered to be his official capacity to avoid dismissal of the action by substituting the governmental employer as a defendant. In this case, action against the substituted defendant is not barred after limitations has run. When the University of Texas Health Science Center at San Antonio (the center) was substituted as the defendant in the doctor's place, there was no change in the real party in interest. Consequently, the center cannot prevail on its defense of limitations. Texas Supreme Court, No. 08-0419, 01-21-2011

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Argued October 7, 2009

delivered the opinion of the Court.

Section 101.106(f) of the Texas Tort Claims Act allows a plaintiff who has sued a government employee in what is considered to be his official capacity to avoid dismissal of the action by substituting the governmental employer as a defendant. *fn1 The question in this case is whether action against the substituted defendant is barred after limitations has run. The court of appeals answered no. *fn2 We agree, though for somewhat different reasons.

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