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TEXAS DEPT. OF CRIMINAL JUSTICE v. MILLER

No. 01-99-00259-CV.

48 S.W.3d 201 (1999)

TEXAS DEPARTMENT OF CRIMINAL JUSTICE, Appellant, v. Jeannie MILLER, Individually and as Representative of the Estate of Clyde Edwin Miller, III, Deceased, and as Next Friend of Yvette Anne Miller, Stephanie Marie Miller, Clyde Edwin Miller, IV, and Nathan Bryan Miller, Minor Children, Appellees.

Court of Appeals of Texas, Houston (1st Dist.).

October 28, 1999.

Attorney(s) appearing for the Case

Michael Deponte, Asst. Atty. Gen.-Law Enforcement Defense Div., John Cornyn, Atty. Gen. of Tex., Richard D. Naylor, Asst. Atty. Gen., Austin, for Appellant.

Robert D. Green, Green & Barton, L.L.P., Houston, for Appellee.

Panel consists of Justices COHEN, NUCHIA, and DUGGAN.

OPINION

NUCHIA, Justice.

This is an interlocutory appeal from the trial court's denial of a plea to the jurisdiction based on sovereign immunity filed by appellant, the Texas Department of Criminal Justice (TDCJ). In a single issue, TDCJ contends that the trial court erred in denying the plea. We affirm.

BACKGROUND

This is a medical negligence claim arising out of the care and treatment...

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