UNIV. OF TEX. M.D. ANDERSON v. McKENZIE

No. 17-0730.

578 S.W.3d 506 (2019)

The UNIVERSITY OF TEXAS M.D. ANDERSON CANCER CENTER, Petitioner, v. Lance MCKENZIE, Individually and as Representative of the Estate of Courtney McKenzie-Thue (Deceased), and Deborah Diver, Individually and as Next Friend of J.O., a Minor, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: June 28, 2019.


Attorney(s) appearing for the Case

John C. Sullivan , Brantley David Starr , Jeffrey C. Mateer , Kara Lynne Kennedy , Kevin Desiderio Molina , Kyle D. Hawkins , W. Kenneth Paxton Jr. , Office of the Attorney General, James Edward Davis , The University of Texas at Austin, Scott Keller , Baker Botts LLP, Austin, for Petitioner.

Kirk L. Pittard , Dana Brooke Levy , Durham, Pittard & Spalding, L.L.P., Dallas, Allan R. Brain , Susan Leigh Vanostrand Fuller , Brain & Fuller, Attorneys at Law, Peter Michael Kelly , First Court of Appeals, Houston, for Respondents.

Justice Lehrmann delivered the opinion of the Court, in which Justice Guzman, Justice Boyd, Justice Devine, and Justice Blacklock joined.


The Texas Tort Claims Act waives governmental immunity for personal injury and death proximately caused by a condition or use of tangible personal property. In this case, before us on the defendant hospital's plea to the jurisdiction, we are asked whether the hospital's use of an allegedly improper carrier agent during...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases