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ARCHIBEQUE v. NORTH TEXAS STATE HOSP.

No. 2-02-043-CV.

115 S.W.3d 154 (2003)

Tonya M. ARCHIBEQUE, Individually and as Heir of Janae Devries, Deceased, Appellant, v. NORTH TEXAS STATE HOSPITALWICHITA FALLS CAMPUS, an Agency of Defendant Texas Department of Mental Health And Mental Retardation, Appellee.

Court of Appeals of Texas, Fort Worth.

August 14, 2003.

Attorney(s) appearing for the Case

Kondos & Kondos Law Offices, and Anjel K. Avant, Richardson, for Appellant.

John Cornyn, Attorney General of Texas, Howard G. Baldwin, Jr., First Asst. A.G., Jeffrey S. Boyd, Deputy A.G. for Litigation; Julie Caruthers Parsley, Solicitor General, Joseph D. Hughes, Asst. Solicitor General, and Anne L. Morgan, Asst. A.G., Austin, for Appellee.

Panel B: CAYCE, C.J.; GARDNER and WALKER, JJ.

OPINION

JOHN CAYCE, Chief Justice.

I. Introduction

Appellant Tonya M. Archibeque, Individually and as heir of Janae Devries, Deceased, appeals from the trial court's judgment granting appellee's plea to the jurisdiction and dismissing her wrongful death and survival action. In her sole issue on appeal, Archibeque contends appellee's sovereign immunity from suit has been waived under the Texas Tort Claims Act1 because...

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