the University of Texas Southwestern Medical Center at Dallas v. Donna Loutzenhiser, as Next Friend of Stephen Luke Loutzenhiser, a Minor

IN THE SUPREME COURT OF TEXAS

IN THE SUPREME COURT OF TEXAS

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No. 02-0894

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The University of Texas

Southwestern Medical Center at Dallas, Petitioner,

v.

Donna Loutzenhiser, as Next Friend of

Stephen Luke Loutzenhiser, a Minor, Respondent

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On Petition for Review from the

Court of Appeals for the Fifth District of Texas

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Argued January 7, 2004

Justice O=Neill filed a concurring opinion, joined by Justice Schneider and Justice Smith.

The Texas Tort Claims Act provides that A[s]overeign…