NOAH v. UNIV. OF TX MED. BRAH. AT GALVESTON

Nos. 01-03-00985-CV, 01-03-00986-CV.

176 S.W.3d 350 (2004)

Joe NOAH and Susan Newman, Appellants, v. UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON, Appellee. Ted Breezy, Individually and as Representative of the Estate of Elizabeth Ann Breezy; Joan Breezy Speer; Kathleen Hagan; Victoria Quinn; Paul Hargrave, Individually and as Representative of the Estate of Michael Hargrave; Leanna Lankford, Individually and as Representative of the Estate of Bonnie Stanford O'Neal; Sandra Kohlenberg, Individually and as Representative of the Estate of Billie Kohlenberg; Joann Cooper, Individually and as Representative of the Estate of Edna Mahaffey; George Oliver Jr., Individually and as Representative of the Estate of George Davis Oliver Sr.; Tana Everett; Clifton Everett, Individually and as Representative of the Estate of Billy Everett; Daron C. Mccaslin, Individually and as Representative of the Estate of James B. Mccaslin; Edna Pauline Mccaslin; Todd Sisson, Individually and as Representative of the Estate of Linda Porritt; Shad Sisson; Brandi Landuyut; Harriet Whitworth, Individually and as Representative of the Estate of John Whitworth; Samuel Whitworth; Barbara Hunt; Melinda Slaughter, Individually and as Representative of the Estate of Michael Graf; Lacy Graf; Andrew Graf; Helen Carrig, Individually and as Representative of the Estate of Paul Carrig; Theresa Carrig; Kay Callin; Martin Carrig; Tina Vaughn, Individually and as Representative of the Estate of Pearl Ethel Purvis; Kevin Tippie; Ricardo Billescas, Individually and as Representative of the Estate of Imelda Billescas Romeros; Irma Young; Veronica Lopez; Yolanda B. Garcia; and Belia V. Zamora, Appellants, v. University of Texas Medical Branch at Galveston, Appellee.

Court of Appeals of Texas, First District, Houston.

Rehearing Overruled January 3, 2005.


Attorney(s) appearing for the Case

David George, Sandra T. Krider, Edwards & George, LLP, Houston, TX, for Appellants.

Anne L. Morgan, Ryan D. Clinton, Asst. Attys. Gen., Austin, TX, for Appellee.

Panel consists of Justices TAFT, JENNINGS, and HANKS.


OPINION

TERRY JENNINGS, Justice.

We consider these two interlocutory, accelerated appeals together because they present identical governmental immunity issues regarding the alleged mishandling of willed bodies and remains.1 Appellants, Joe Noah and Susan Newman ("the Noah plaintiffs") and Ted Breezy, individually and as representative of the estate of Elizabeth Ann Breezy, Joan Breezy Speer, Kathleen Hagan, Victoria Quinn, Paul...

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