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ZIMMERMAN v. ANAYA

No. 08-0580.

315 S.W.3d 523 (2010)

Geoffrey ZIMMERMAN, M.D., Petitioner, v. Wendy Gonzalez ANAYA, Individually and a/n/f of Christopher Gabriel Hernandez, Deceased, Respondents.

Supreme Court of Texas.

Rehearing Denied August 20, 2010.

Attorney(s) appearing for the Case

Levon G. Hovnatanian, Martin Disiere Jefferson & Wisdom LLP, Paul S. Jacobs, Jacobs & Gillaspie, LLP, Houston, Jeffrey M. Stern, Stern Miller & Higdon, Bellaire, TX, for Respondents.

Jeffrey B. McClure, Laura M. Trenaman, Kendall M. Gray, Cameron P. Pope, Andrews Kurth LLP, Houston, Elizabeth A. Wiley, Andrews Kurth LLP, Austin, TX, for Petitioner.

PER CURIAM.

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 as though he were a state employee. Following its recent decision in Klein v. Hernandez,

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