Skip to main content
· 2/11/2010

Hintz Ex Rel. Hintz v. Lally

Citations

  • 305 S.W.3d 761
  • 2009 WL 3851634

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding plaintiffs election to sue entity foreclosed any possibility of adding employee in future pleadings
  • holding plaintiff’s election to sue entity foreclosed any possibility of adding employee in future pleadings
  • holding current version of section 101.106(f) does not violate open courts provision
  • explaining that the “disposi-tive election occurs when the governmental employer is sued — regardless of whether the governmental employer is sued alone or in tandem with the employee” — and holding that subsection (a
  • stating, “[O] nce the plaintiff makes an ‘irrevocable election’ by suing only the employer, there is no statutory mechanism to change targets and sue the employee instead.”
  • “A plaintiff who sues both the employee and the employer also can be compelled to dismiss the employee and sue only the employer instead.”

Source: CourtListener parenthetical corpus (CC0).

Judges: William J. Boyce

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.