1. Home
  2. Browse Decisions
  3. S.W.3d
  4. 332 S.W.3d
  5. 332 S.W.3d 367 (2011)
 

FRANKA v. VELASQUEZ

No. 07-0131.

332 S.W.3d 367 (2011)

John Christopher FRANKA, M.D., and Nagakrishna Reddy, M.D., Petitioners, v. Stacey VELASQUEZ and Saragosa Alaniz, individually and as next friends of their minor child, Saragosa Mario Alaniz, Respondents.

Supreme Court of Texas.

Decided January 21, 2011.

Rehearing Denied April 1, 2011.

Attorney(s) appearing for the Case

Thomas H. Crofts Jr. , Crofts & Callaway, P.C., Rosemary L. Hollan , Karen Rau Roberts , Hollan Law Firm, P.C., San Antonio, TX, for John Christopher Franka, M.D.

Gene S. Hagood , Brad Allen Guillory , Hagood, Neumann & Huckeba, L.L.P., Alvin, TX, for Stacey Velasquez.

Michael Patrick Murphy , Assistant Solicitor General, for amicus curiae State of Texas.

Justice HECHT delivered the opinion of the Court, in which Chief Justice JEFFERSON, Justice WAINWRIGHT, Justice GREEN, Justice JOHNSON, and Justice WILLETT joined.

Section 101.106(f) of the Texas Tort Claims Act provides that a suit against a government employee acting within the general scope of his employment must be dismissed "if it could have been brought under this chapter [that is, under the Act] against the governmental unit".1 The court of appeals construed the quoted clause to mean that, to be entitled to dismissal, the employee must establish that governmental immunity from suit has been waived...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases