Kelso v. Gonzales Healthcare Systems

OPINION

Opinion by

Justice GARZA.

Appellants, Daisy and James Kelso, appeal the trial court’s decision to grant a plea to the jurisdiction by appellee, Gonzales Healthcare Systems, d/b/a Memorial Hospital (“Memorial Hospital”). In two issues, the Kelsos contend that (1) the trial court improperly granted Memorial Hospital’s plea to the jurisdiction because sovereign immunity under the tort claims act had been waived; and (2) the trial court granted Memorial Hospital’s plea to the jurisdiction without giving the Kelsos the opportunity to amend their petition. We reverse and remand to the trial…