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MARTINEZ v. VAL VERDE COUNTY HOSP. DIST.

No. 03-0611.

140 S.W.3d 370 (2004)

Marcus MARTINEZ and Mary Koog, on Behalf of Their Minor Child, Kaelyn C. MARTINEZ, Petitioners, v. VAL VERDE COUNTY HOSPITAL DISTRICT d/b/a Val Verde Regional Medical Center, Respondent.

Supreme Court of Texas.

Decided July 9, 2004.

Attorney(s) appearing for the Case

Les Mendelsohn, Ricky J. Poole, Les Mendelsohn & Associates, P.C., Kimberly S. Keller, The Keller Group, San Antonio, for Petitioner.

Ruth G. Malinas, Cynthia Day Grimes and Christopher John Deeves, Ball & Weed, P.C., San Antonio, for Respondent.

Justice HECHT delivered the opinion of the Court.

The only issue presented in this case is whether the six-month period prescribed by section 101.101(a) of the Texas Tort Claims Act for giving notice of a claim against a governmental unit1 is tolled by the claimant's minority. The lower courts held that it is not,2 and we agree.

Kaelyn Martinez, age 3, underwent a tonsillectomy at the Val Verde Regional...

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