Legal Opinion
University of Texas M.D. Anderson Cancer Center v. Lance McKenzie, Individually and as Representative of the Estate of Courtney McKenzie-Thue (Deceased), Deborah Diver, Individually and as Next Friend of Jensen O'Hara, a Minor
Court of Appeals of Texas
Decided August 3, 2017No. 14-16-00681-CVPublishedCited by 2 opinions
1Opinion of the Court
OPINION
Kevin Jewell, Justice
In this medical malpractice case, the family of a patient who died after participating in a clinical trial at the University of Texas M.D. Anderson Cancer Center (“MDACC”) alleges that the patient died because of MDACC’s negligence. MDACC brings this interlocutory appeal challenging the trial court’s denial of its plea to the jurisdiction. MDACC contends that the family’s allegations and jurisdictional evidence do not establish a negligent use of tangible personal property as required to waive its governmental immunity under section 101.021 of the Texas Tort Claims…
2Cases cited16 opinions
- Texas Department of Parks & Wildlife v. MirandaTexas Supreme Court · 2004
- Harris County v. SykesTexas Supreme Court · 2004
- Texas Department of Criminal Justice v. MillerTexas Supreme Court · 2001
- Dallas Cty. Mental Health and Mental Retardation v. BossleyTexas Supreme Court · 1998
- State v. HollandTexas Supreme Court · 2007
11 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- the University of Texas M.D. Anderson Cancer Center v. Lance McKenzie, Individually and as Representative of the Estate of Courtney McKenzie-thue (Deceased), and Deborah Diver, Individually and as Next Friend of J.O., a MinorTexas Supreme Court · 2019
- the University of Texas M.D. Anderson Cancer Center v. Lance McKenzie, Individually and as Representative of the Estate of Courtney McKenzie-thue (Deceased), and Deborah Diver, Individually and as Next Friend of J.O., a MinorTexas Supreme Court · 2019