 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Reynosa v. University Of Texas Health Science Center At San Antonio2/7/2001
AFFIRMED
University of Texas Health Science Center at San Antonio (the defendant below) filed a plea to jurisdiction and a motion to dismiss, alleging the suit against it was barred by governmental immunity. The trial court granted the plea to jurisdiction and the motion to dismiss. This appeal by Maria Reynosa and Antonio Reynosa, Individually and as Next Friends of David Reynosa, A Minor, (the plaintiffs below) ensued. Because appellee did not waive its immunity against suit, we affirm.
BACKGROUND
In their tenth amended petition, the appellants sued appellee, Bexar County Hospital District a/k/a Medical Center Hospital, four doctors, and two nurses. Appellants alleged that the defendants were negligent while Maria was under the defendants' care during the birth of her child. The four doctors are Robert Huff, Jeffrey Wright, Patricia Brougher, and Tim Tarkenton. One of the allegations raised against Dr. Brougher was that she failed to supervise a fifth doctor, Randall Davis, in the care he provided to Maria.
Doctors Huff and Wright moved for summary judgment. The trial court rendered judgment in favor of Huff and Wright, and the appellants appealed the judgment as to Huff only. This Court affirmed the trial court's judgment. See Reynosa v. Huff, 21 S.W.3d 510 (Tex. App.-San Antonio 2000, no pet.).
Appellee asserted in its plea to jurisdiction that Huff and Wright were its only paid employees, and that Brougher and Davis were not its paid employees; therefore, it was entitled to immunity under the Texas Tort Claims Act.
STANDARD OF REVIEW
A governmental unit in Texas is immune from tort liability unless the legislature has waived immunity. Texas Dep't of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex.1999); Dallas County Mental Health & Mental Rehabilitation v. Bossley, 968 S.W.2d 339, 341 (Tex. 1998). A state agency, such as appellee, shares this immunity. Lowe v. Texas Tech Univ., 540 S.W.2d 297, 298 (Tex.1976). The party suing the governmental entity must establish the state's consent, which may be alleged either by reference to a statute or to express legislative permission. Texas Dep't of Transp., 8 S.W.3d at 638. Absent the state's consent to suit, a trial court lacks subject matter jurisdiction. Id. A party may contest a trial court's subject matter jurisdiction by filing a plea to the jurisdiction. Id.
The plaintiff has the burden to allege facts that affirmatively demonstrate the lack of governmental immunity and, hence, the court's jurisdiction to hear the cause. Texas Ass'n of Bus. v. Texas Air Control Bd., 852 S.W.2d 440, 446 (Tex.1993). Whether a trial court has subject matter jurisdiction is a question of law subject to de novo review. Bush v. Texas Dep't of Protective & Regulatory Servs., 983 S.W.2d 366, 368 (Tex. App.-Fort Worth 1998, pet. denied). When reviewing a trial court order dismissing a cause for want of jurisdiction, Texas appellate courts construe the pleadings in favor of the plaintiff and look to the pleader's intent. Texas Ass'n of Bus., 852 S.W.2d at 446. Thus, if the plaintiff alleges sufficient facts in its petition to establish a waiver of immunity, dismissal for want of jurisdiction is inappropriate. However, the government may always reassert its immunity defense if and when discovery or other evidence later demonstrates that under the specific facts of the case, immunity has not been waived. Texas Natural Resource & Conserv. Comm'n v. White, 13 S.W.3d 819, 823 (Tex. App.-Fort Worth 2000, pet. granted); see also Methodist Hosps. v. Texas Workers' Compensation Comm'n, 874 S.W.2d 144, 149 (Tex. App.-Austin 1994, no writ) (lack of trial court jurisdiction may be raised a
Page 1 2 Texas Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|