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KLEIN v. HERNANDEZ

No. 08-0453.

315 S.W.3d 1 (2010)

Geffrey KLEIN, M.D. and Baylor College of Medicine, Petitioners, v. Cynthia HERNANDEZ, as the Parent and Next Friend of N.H., a Minor, Respondent.

Supreme Court of Texas.

Decided May 7, 2010.

Attorney(s) appearing for the Case

Kendall M. Gray, Cameron Phair Pope, Jeffrey B. McClure, Laura M. Trenaman, Elizabeth A. Wiley, Andrews & Kurth, L.L.P., Marion Woodrow Kruse Jr., Alicia T. Freed, Kruse Law Firm, P.C., Houston TX, for Geffrey Klein, M.D.

Robert J. Talaska, Theodore G. Skarbowski, Timothy Lyle Culberson, The Talaska Law Firm, P.L.L.C., Houston, TX, for Respondent.

Cameron Phair Pope, Kendall M. Gray, Andrews & Kurth, L.L.P., Houston, TX, for Baylor College of Medicine.

Justice MEDINA delivered the opinion of the Court.

By statute, a state employee may appeal an interlocutory order denying a motion for summary judgment based on an assertion of immunity. TEX. CIV. PRAC. & REM. CODE § 51.014(5). The issue here is whether a resident physician, working at a public hospital under an agreement with his private medical school, may take an interlocutory appeal under this statute. The court of appeals decided he could not, dismissing...

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