ILLOH v. Carroll

James Carroll suffered a stroke and received treatment from Dr. Kachikwu Illoh, an employee of The University of Texas Health Science Center — Houston (UTHSCH). After James Carroll died, allegedly because of septicemia caused by bed sores developed while under Illoh’s care, Damita Carroll and Karen Butler sued Illoh and another doctor. Illoh moved to dismiss the suit under section 101.106(f) of the Texas Tort Claims Act, Tex. Civ. Prac. & Rem.Code § 101.106(f), claiming that the suit was based on conduct within the general scope of his employment and could have been brought against UTHSCH.

The…