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LUCHAK v. McADAMS

Nos. 10-11-00105-CV, 10-11-00106-CV.

379 S.W.3d 361 (2012)

Rebecca LUCHAK, R.N. and Cynthia Hunter, R.N., Appellants v. Bobby McADAMS, individually and as an Heir and Representative on behalf of the Estate of Tina McAdams, Deceased, and as next Friend of Savannah McAdams, A Minor and Heir of the Estate of Tina McAdams, Deceased; Ryan McAdams, and Jared McAdams, individually and as Heirs of the Estate of Tina McAdams, Deceased, Appellees and Hattie Johnson, R.N., Appellant v. Bobby McAdams, individually and as an Heir and Representative on Behalf of the Estate of Tina McAdams, Deceased, and as next Friend of Savannah McAdams, A Minor and Heir of the Estate of Tina McAdams, Deceased; Ryan McAdams, and Jared McAdams, individually and as Heirs of the Estate of Tina McAdams, Deceased, Appellees.

Court of Appeals of Texas, Waco.

Review Dismissed September 21, 2012.

Attorney(s) appearing for the Case

Greg White , Waco, Stuart Smith , Naman Howell Smith & Lee PC, Waco, for Appellants.

Micky N. Das , Tyler & Das, Houston, Bennie D. Rush , Law Offices of Bennie D. Rush. PC, Huntsville, Angie Olalde , Greer Herz & Adams LLP, League City, for Appellees.

Before Chief Justice GRAY, Justice DAVIS, and Justice SCOGGINS.

OPINION

TOM GRAY, Chief Justice.

Bobby McAdams1 sued several parties, including three nurses, Rebecca Luchak, Cynthia Hunter, and Hattie Johnson, in two separate cases regarding the death of McAdams' daughter, Tina.2 The nurses filed a motion pursuant to section 101.106(f) of the Civil Practice and Remedies Code contending they were employees of a governmental unit and that the suit against the nurses...

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