UNIVERSITY OF TX AT SAN ANTONIO v. TREVINO

No. 04-02-00412-CV.

153 S.W.3d 58 (2002)

UNIVERSITY OF TEXAS AT SAN ANTONIO, Appellant, v. Adam W. TREVINO and Jennifer Trevino, Individually and On Behalf of the Estate of Marissa Rose Trevino, Deceased, a Minor, Appellees.

Court of Appeals of Texas, San Antonio.

November 27, 2002.


Attorney(s) appearing for the Case

M. Lynn Taylor, Asst. Atty. Gen., Austin, for appellant.

J. Thomas Rhodes, III, Lyons & Rhodes, P.C., Sean Lyons, Law Office of Sean Lyons, San Antonio, for appellees.

Cathleen M. Stryker, Ball & Weed, P.C., San Antonio, David E. Chamberlain, Chamberlain McHaney, for other.

Sitting: PHIL HARDBERGER, Chief Justice, CATHERINE STONE, Justice, SANDEE BRYAN MARION, Justice.


Opinion by SANDEE BRYAN MARION, Justice.

This is an appeal from the trial court's denial of a plea to the jurisdiction filed by appellant, the University of Texas at San Antonio ("UTSA"). We hold that the appellees' ("the Trevinos") petition sufficiently alleged claims for non-discretionary acts by UTSA within the scope of the Texas Tort Claims Act's ("the Act") waiver of sovereign immunity; therefore, we affirm the trial court's order.

BACKGROUND

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