Following a car accident, the plaintiff sued the other driver, a government employee. The court of appeals affirmed the denial of the government agency's plea to the jurisdiction. When an employee is sued for acts conducted within the general scope of employment, and suit could have been brought under the Texas Tort Claims Act, then the suit is considered to have been filed against the governmental unit, not the employee. The plaintiff who brings such a suit against an employee is not barred from asserting a claim against the governmental employer. The court of appeals' judgment is affirmed. Texas Supreme Court, No. 11-0686, 08-30-2013.
Texas Adjutant General's Office v. Ngakoue
Tx. Sup. Ct.
August 30, 2013