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CLARK v. SELL EX REL. SELL

No. 07-07-0049-CV.

228 S.W.3d 873 (2007)

Evelyn CLARK, R.N., Roseanne Rodriguez, MHS, and Elizabeth Ortiz, MAS, Appellants v. Cynthia SELL, on behalf of Mitchell Ray SELL, Appellee.

Court of Appeals of Texas, Amarillo.

June 27, 2007.

Attorney(s) appearing for the Case

Charles T. Jeremiah, William S. Helfand, Chamberlain, Hrdlicka, White, Williams & Martin, Houston, for Appellants.

Jay Winckler, Winckler & Harvey, L.L.P., Austin, Deanna Dean Smith, Ebanks, Smith & Carlson, L.L.P., Houston, for Appellee.

Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.

Opinion

BRIAN QUINN, Chief Justice.

Evelyn Clark, Roseanne Rodriguez, and Elizabeth Ortiz (the nurses) appeal from an order denying their motion to dismiss. Their motion was founded upon § 101.106(f) of the Texas Civil Practice and Remedies Code. And, in it, they alleged that they were governmental employees, the claims asserted against them by Cynthia Sell (on behalf of Mitchell Sell) involved conduct purporting to occur within the scope of...

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