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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

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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.

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