State Ex Rel. New Liberty Hospital District v. Pratt

GUNN, Judge.

By way of prohibition, relator New Liberty Hospital District asserts sovereign immunity as the basis for prohibiting respondent from proceeding in a tort action against it.

The underlying tort action was brought against the hospital district and a physician. The hospital district was charged with actual and vicarious negligence in the treatment of a hospital patient. The hospital district’s motion to dismiss the action on the ground of sovereign immunity was denied by the respondent, and relief was sought and obtained from this Court by means of a preliminary rule in prohibition.…