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HEALTH SCIENCE CENTER v. RIOS

No. 16-0836.

542 S.W.3d 530 (2017)

The UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT HOUSTON, Bella Patel, M.D., F.C.C.P., Richard W. Smalling, M.D., Ph.D., Ruckshanda Majid, M.D., and Francisco Fuentes, M.D., Petitioners, v. Tomas G. RIOS, M.D., Respondent.

Supreme Court of Texas.

Opinion delivered: December 15, 2017.

Rehearing Denied April 13, 2018.

Attorney(s) appearing for the Case

Beth E. Klusmann , Assistant Solicitor General, Office of the Attorney, Austin, TX, Douglas D. Geyser , Stris & Maher LLP, Dallas, TX, Frank A. King , Office of the Attorney General, Jeffrey C. Mateer , First Assistant Attorney General, Scott A. Keller, Office of the Attorney General, W. Kenneth Paxton Jr. , Attorney General of Texas Office of the Attorney General, Austin, TX, for Petitioner.

Jeremy D. Saenz , Wagner & Saenz, LLP, Houston, TX, for Respondent.

A public employee may be individually liable for his tortious conduct outside the general scope of employment, but section 101.106 of the Texas Tort Claims Act ("the Act")1 "requir[es] a plaintiff to make an irrevocable election at the time suit is filed between...

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