UNIVERSITY OF TEXAS M.D. v. BAKER

No. 14-11-01037-CV.

401 S.W.3d 246 (2012)

The UNIVERSITY OF TEXAS M.D. Anderson Cancer Center and The University of Texas System, Appellants, v. Preston BAKER & Jennifer Baker, individually and as next Friends of Preston Baker, Jr., Jessica Baker, Cayla Baker and Caleb Baker, Appellees.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing and En Banc Overruled February 14, 2013.


Attorney(s) appearing for the Case

Sandra Faye Kim , Austin, for Appellants.

Scott Robelen , Dallas, Paul Francis Wieneskie , Arlington, for Appellees.

Panel consists of Justices BOYCE, McCALLY, and MIRABAL.


OPINION

SHARON McCALLY, Justice.

Appellees Preston Baker, Jennifer Baker, and their four children sued The University of Texas M.D. Anderson Cancer Center (MDA), The University of Texas System (UTS), and The Proton Therapy Center-Houston Ltd., L.L.P. (PTC) for claims based on personal injuries sustained by the Baker children. MDA and UTS filed a plea to the jurisdiction contending that sovereign immunity had not been waived. The trial court denied the plea...

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