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UNIVERSITY OF TEXAS S.W. MEDICAL CENTER v. LOUTZENHISER

No. 02-0894.

140 S.W.3d 351 (2004)

The UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER AT DALLAS, Petitioner, v. Donna LOUTZENHISER, As Next Friend of Stephen Luke Loutzenhiser, a Minor, Respondent.

Supreme Court of Texas.

Decided July 9, 2004.

Attorney(s) appearing for the Case

Greg Abbott, Atty. Gen. of Texas, Howard G. Baldwin, First Asst. Atty. Gen. of Texas, Jeffrey S. Boyd, Thompson & Knight, Nelly R. Herrera, Philip A. Lionberger, Brown McCarroll, L.L.P., Barry Ross McBee, Rafael Edward Cruz and Ryan D. Clinton, Austin, for petitioner.

Mary Olga Ferguson, Thompson & Knight, Houston, Michael R. Mitchell, Mitchell Goff & Mitchell, LLP, Philipa Remington, Stinnett Thiebaud & Remington, Dallas, and Thomas H. Bleakley, Grosse Pointe Farms, MI, for respondent.

Justice HECHT delivered the opinion of the Court, joined by Chief Justice PHILLIPS, Justice OWEN, Justice JEFFERSON, Justice WAINWRIGHT, and Justice BRISTER.

The Texas Tort Claims Act provides that "[s]overeign immunity to suit is waived and abolished to the extent of liability created by [the Act]."1 Section 101.101(a) of the Act states:

A governmental unit is entitled to receive notice of a claim against it under this chapter...

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