Legal Opinion
Maverick County Hospital District v. Martin
Court of Appeals of Texas
Decided May 23, 2012No. 04-11-00803-CVPublishedCited by 2 opinions
1Opinion of the Court
OPINION
PHYLIS J. SPEEDLIN, Justice.
This is an election of remedies case under the Texas Tort Claims Act. We must decide whether, under the facts of the case, section 101.106(a) applies, and therefore bars any claim against the individual physician-employee of the governmental entity. See Tex. Crv. Prac. & Rem.Code Ann. § 101.106(a) (West 2011).
Background
Edwin Martin and Esther Martin, individually and as representatives of their son Robert Martin’s estate, filed a wrongful death and survival lawsuit in December 2010, against James H. Fowler, M.D., a surgeon who operated on Robert. The…
2Cases cited12 opinions
- Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
- City of Rockwall v. HughesTexas Supreme Court · 2008
- Mission Consolidated Independent School District v. GarciaTexas Supreme Court · 2008
- Dallas Cty. Mental Health and Mental Retardation v. BossleyTexas Supreme Court · 1998
- Franka v. VelasquezTexas Supreme Court · 2011
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Kostic v. Texas A & M University at CommerceDistrict Court, N.D. Texas · 2014
- Gonzales Nursing Operations, LLC F/D/B/A Texas Nursing & Rehab of Gonzales v. Alta Mae Smith, Rosie L. Smith, Alton Allen Jr., A.B. Allen David L. Allen, Melvin L. Allen, Individually on Behalf of the Estate of Nannie B. Allen, Texas Court of Appeals, 4th District (San Antonio)2020