Laverie v. Wetherbe

We deny the respondent’s motion for rehearing, withdraw our opinion of December 9, 2016, and substitute the following in its place.

A Texas Tech professor and associate dean, James Wetherbe, sued a colleague, Debra Laverie, for defamation after he was passed over for promotion. Laverie moved for summary judgment, arguing in part that she made the allegedly defamatory statements in the scope of her employment by Texas Tech, a governmental unit, and therefore cannot be sued in her individual capacity. The trial court denied that motion and the court of appeals affirmed on the ground that Laverie…