University of Texas Health Science Center v. Webber-Eells

OPINION

Opinion by:

CATHERINE STONE, Chief Justice.

Section 101.106 of the Texas Civil Practice and Remedies Code is entitled “Election of Remedies” and is applicable when an employee of a governmental unit is sued. Tex. Civ. PRAC. & Rem.Code Ann. § 101.106 (Vernon 2005). Since 2003, this statute has required a plaintiff to “decide at the outset whether an employee acted independently and is thus solely liable, or acted within the general scope of his or her employment such that the governmental unit is vicariously liable.” Mission Consol. Ind. Sch. Dist. v. Garcia, 253 S.W.3d 653, 657…