Triple X-Ray Inc. v. Winkler County Memorial Hospital

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

TRIPLE X-RAY, INC.,

Appellant,

v.

WINKLER COUNTY MEMORIAL HOSPITAL,

Appellee.

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No. 08-10-00364-CV

Appeal from the

109th District Court

of Winkler County, Texas

(TC# 15,555)

O P I N I O N

Appellant, Triple X-Ray, Inc. (Triple X-Ray) filed suit for breach of contract against Winkler County Memorial Hospital (the County). The trial court affirmed the County’s plea to the jurisdiction in which it asserted its immunity from suit. We reverse.

BACKGROUND

In or about September or October 1999, Triple X-Ray and the County entered into a contract whereby…