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CITY OF NORTH RICHLAND HILLS v. FRIEND

No. 11-0367.

370 S.W.3d 369 (2012)

CITY OF NORTH RICHLAND HILLS, Texas, Petitioner, v. Laura FRIEND, Individually and as Personal Representative of the Estate of Sarah Friend, Deceased and Luther Friend, Individually, Respondents.

Supreme Court of Texas.

Decided June 29, 2012.

Attorney(s) appearing for the Case

Frederick Wayne `Fritz' Quast , Daniel R. Barrett , George A. Staples Jr. , Taylor Olson Adkins Sralla & Elam LLP, Fort Worth, TX, for City of North Richland Hills, Texas.

Darrell L. Keith , Courtney Shannon Keith , Arin K. Schall , Keith Law Firm, P.C., Fort Worth, TX, for Laura Friend.

George A. Staples Jr. , Daniel R. Barrett , Frederick Wayne `Fritz' Quast , Taylor Olson, Adkins, Sralla & Elam LLP, Fort Worth, TX, for Other Interested Party Richard Torres.

Russell Ramsey , Ramsey & Murray, P.C., Houston, TX, for Other Interested Party Jeff Ellis & Associates, Inc.

J. Kevin Carey , Carey Law Firm, Fort Worth, TX, for Other Interested Party Roy Kenji Yamada, M.D.

Judith Lee Ramsey , Senior Assistant City Attorney, City of Houston Legal Department, Houston, TX, for Amicus Curiae The City of Houston, Texas.

Rance L. Craft , Office of the Attorney General, Austin, TX, for Amicus Curiae The State of Texas.

Justice LEHRMANN delivered the opinion of the Court.

In this interlocutory appeal of the denial of the City's plea to the jurisdiction, we are presented with three questions concerning the application of the Texas Tort Claims Act: (1) whether the election of remedies provisions in section 101.106 require dismissal of this suit; (2) whether the Friends' claim is one for which the City's governmental immunity has been waived under section 101.021(2) of the Act; and...

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