Murk v. Scheele

Under the Texas Tort Claims Act, a person is not an employee of a governmental unit if the person “performs tasks the details of which the governmental unit does not have the legal right to control.” 1 The principal question in this case is whether a physician who exercises independent judgment in treating patients can be an employee of a governmental unit within the meaning of the Act. We answer in the affirmative and accordingly reverse the judgment of the court of appeals in part. 2

Brian Scheele fell from his horse and sustained serious head and back injuries. He was taken to University…