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RUSK STATE HOSPITAL v. BLACK

No. 10-0548.

392 S.W.3d 88 (2012)

RUSK STATE HOSPITAL, Petitioner, v. Dennis BLACK and Pam Black, Individually and as Representatives of the Estate of Travis Bonham Black, Deceased, Respondents.

Supreme Court of Texas.

Delivered August 31, 2012.

Attorney(s) appearing for the Case

Clarence Andrew Weber , Kelly Hart & Hallman LLP, Daniel T. Hodge , First Asst. Attorney General, David C. Mattax , Director of Defense Litigation, Jonathan F. Mitchell , Solicitor General, Timothy Edward Boughal , Office of the Attorney General, David S. Morales , Office of the Attorney General of Texas, Deputy First Assistant Attorney General, Greg W. Abbott , Attorney General of Texas, Michael P. Murphy , Asst. Solicitor General, William (Bill) J. Cobb III , Attorney General's Office, Deputy Atty. General for Civil Litigation, Austin, TX, James C. Ho , Gibson Dunn & Crutcher, LLP, Dallas, TX, for Rusk State Hospital.

Dennis Gerald Black , Jeramy Mitchell Skaggs , Black & Skaggs, P.C., Tyler, TX, for Dennis Black.

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

In this health care liability claim the trial court denied Rusk State Hospital's challenge to the plaintiffs' expert reports. The Hospital filed an interlocutory appeal from that ruling. On appeal the Hospital, for the first time, asserted it was immune from suit. The court of appeals refused to consider the immunity...

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