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MURK v. SCHEELE

No. 01-0205.

120 S.W.3d 865 (2003)

Steven MURK, M.D. and Gary M. Flangas, M.D. v. Brian SCHEELE and Cindi Scheele.

Supreme Court of Texas.

November 7, 2003.

Attorney(s) appearing for the Case

Christopher John Deeves, Cynthia Day Grimes, Ruth G. Malinas, Ball & Weed, P.C., San Antonio, Christopher James Carlin, for petitioners.

Gavin H. McInnis, Jacobson, McInnis & Wilson, L.L.P., Sugar Land, Dale Hicks, for respondents.

PER CURIAM.

Under the Texas Tort Claims Act, a person is not an employee of a governmental unit if the person "performs tasks the details of which the governmental unit does not have the legal right to control."1 The principal question in this case is whether a physician who exercises independent judgment in treating patients can be an employee of a governmental unit within the meaning of the Act. We answer in the affirmative and accordingly...

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