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McCLAIN v. UNIVERSITY OF TEXAS HEALTH

No. 12-01-00363-CV.

119 S.W.3d 4 (2002)

James H. McCLAIN, and Wife Syble McClain and Children of James H. McClain, Mac McClain and Jacqueline Birdman, Appellants, v. The UNIVERSITY OF TEXAS HEALTH CENTER AT TYLER, Appellee.

Court of Appeals of Texas, Tyler.

Rehearing Overruled November 8, 2002.

Attorney(s) appearing for the Case

Ron Adkison, Wellborn, Houston, Adkison, Mann, Sadler & Hill, LLC, Henderson, for appellants.

Cherie Batsell, for appellee.

Panel consisted of GOHMERT, JR., C.J., WORTHEN, J., and GRIFFITH, J.

JIM WORTHEN, Justice.

Appellants, James H. McClain, Syble McClain, Mac McClain, and Jacqueline Birdman, appeal from the trial court's order dismissing their cause of action against the University of Texas Health Center at Tyler (the "Hospital") for want of jurisdiction. In three issues, they assert the trial court erred in concluding that the Hospital is immune from suit. We affirm.

PROCEDURAL BACKGROUND

This is a medical negligence suit arising...

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