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THOMAS v. OLDHAM

Nos. D-4559, 94-0207.

895 S.W.2d 352 (1995)

Sharon P. THOMAS and Alice McNeal, Petitioners, v. Howard OLDHAM and City of Houston, Respondents. Daniel GIBSON, Petitioner, v. Candace Katamay SPINKS, Respondent.

Supreme Court of Texas.

Decided March 16, 1995.

Attorney(s) appearing for the Case

Alan D. Bynum, James H. Brannon, Houston, for Sharon P. Thomas and Alice McNeal.

Andrea Chan, Houston, for Howard Oldham and City of Houston.

J. Arnold Aguilar, Lisa Marie Ellis, Charles V. Willette, Jr., Brownsville, Ronald H. Clark, Sherman, for Daniel Gibson.

Dennis Sanchez, John Haywood, Brownsville, for Candace Katamay Spinks.

PHILLIPS, Chief Justice, delivered the opinion of the Court, in which GONZALEZ, HIGHTOWER, HECHT, CORNYN, ENOCH, SPECTOR and OWEN, Justices, joined.

A judgment in an action against a governmental unit under the Texas Tort Claims Act "bars any action involving the same subject matter" against the employee whose acts gave rise to the claim. See Tex.Civ.Prac. & Rem.Code § 101.106. The primary issue presented in these consolidated cases is whether section...

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