Williams v. Nealon

How courts have described this case

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

• indicating that claim of medical negligence “is not encompassed by the Texas Tort Claim Act’s limited waiver of sovereign immunity.”
• holding Section 101.106(f) cannot be used by employees to obtain dismissal of common law intentional tort claims because those claims “could not have been brought under the Texas Tort Claims Act”
• holding Section 101.106(f) cannot be used by employees to obtain dismissal of common law intentional tort claims because those claims “could not have been brought under the Texas Tort Claims Act”
• holding medical negligence not encompassed by limited waiver of sovereign immunity under Act.
• scope of review is limited to those arguments raised in motion to dismiss
• “Because medical negligence is the basis for Williams’s claims against the doctors, the doctors cannot meet the second requirement of section 101.106(f). That is, the doctors have not shown that Williams’s claims could have been brought against UTMB under the Texas Tort Claims Act.”

Source: CourtListener parenthetical corpus (CC0).