University of Texas Southwestern Medical Center at Dallas v. Estate of Arancibia Ex Rel. Vasquez-Arancibia

I agree that the Tort Claims Act’s prerequisites to suit are jurisdictional as to the Arancibias’ claim. And because the Arancibias did not give timely formal notice of their claim as required by the Tort Claims Act, U.T. Southwestern’s immunity from suit was waived only if it had actual notice of the Arancibias’ claim as the term “actual notice” is used in the Tort Claims Act. In order for Southwestern to have had actual notice, it had to have timely, subjective knowledge that it was at fault in causing Irene Arancibia’s death. See Tex. Dep’t of Criminal Justice v. Simons, 140 S.W.3d 338,…