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GARZA v. HARRISON

No. 17-0724.

574 S.W.3d 389 (2019)

Rey GARZA, Petitioner, v. Roxana Regalado HARRISON and Joseph Santellana, Individually and as Representative of the Estate of Jonathen Anthony Santellana, Deceased, Respondents.

Supreme Court of Texas.

Opinion Delivered: May 24, 2019.

Attorney(s) appearing for the Case

William S. Helfand , Norman R. Giles , Lewis Brisbois Bisgaard & Smith LLP, Houston TX, for Petitioner.

Thad D. Spalding , Dana Brooke Levy , Durham, Pittard & Spalding, L.L.P., Dallas TX, Geoffrey A. Borschow , Guerra & Farah PLLC, El Paso TX, George K. Farah , The Law Offices of Guerra & Farah, PLLC, Peter Michael Kelly , First Court of Appeals, Houston TX, for Respondents.

The election-of-remedies provision in section 101.106(f) of the Texas Tort Claims Act requires courts to grant a motion to dismiss a lawsuit against a governmental employee sued in an "official capacity" but allows the governmental unit to be substituted for the employee.1

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