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UNIV. OF TX HEALTH SCIENCE v. WEBBER-EELLS

No. 04-09-00812-CV.

327 S.W.3d 233 (2010)

UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO, Appellant, v. Patricia WEBBER-EELLS and William Eells, Appellees.

Court of Appeals of Texas, San Antonio.

June 30, 2010.

Attorney(s) appearing for the Case

Elsa Giron Nava , Assistant Attorney General, Tort Litigation Division, Austin, TX, for Appellant.

Kimberly S. Keller , The Keller Law Firm, Thomas A. Crosley , Crosley Law Firm, San Antonio, TX, for Appellees.

Sitting: CATHERINE STONE, Chief Justice, KAREN ANGELINI, Justice, STEVEN C. HILBIG, Justice, concurring in the judgment only.

OPINION

Opinion by: CATHERINE STONE, Chief Justice.

Section 101.106 of the Texas Civil Practice and Remedies Code is entitled "Election of Remedies" and is applicable when an employee of a governmental unit is sued. TEX. CIV. PRAC. & REM.CODE ANN. § 101.106 (Vernon 2005). Since 2003, this statute has required a plaintiff to "decide at the outset whether an employee acted independently and is thus solely liable, or acted within the general scope...

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