Kassen v. Hatley

In this case we decide whether a doctor and nurse employed by a governmental entity were entitled to the defense of official immunity when sued individually for medical malpractice. We conclude that official immunity is a question of fact that was not conclusively established. We thus affirm that part of the judgment of the court of appeals which reversed summary judgment for the doctor and nurse, 859 S.W.2d 367, and remand their causes to the trial court for further proceed-*7mgs consistent with this opinion. We also conclude that the plaintiffs failed to allege an injury arising from a…