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Rodriguez v. Christus Spohn Health System Corp., et al.

Appellants CHRISTUS Spohn Health System Corp., CHRISTUS Spohn Health System Corp. d/b/a CHRISTUS Spohn Hospital Corpus Christi -- Memorial, and CHRISTUS Health (collectively, "CHRISTUS") appeal the district court's denial of their Rule 12(b)(1) motion to dismiss appellee Susanna Hinojosa Rodriguez's state law claims based on government immunity. The primary issue on appeal is whether Rodriguez's claims fall under the Texas Tort Claims Act. If so, defendant CHRISTUS is entitled to government immunity on her state law claims, and defendant John Hill must be dismissed pursuant to the Tort Claims Act's election-of-remedies provision. The district court denied CHRISTUS's motion to dismiss under Rule 12(b)(1), holding that Rodriguez's claims were statutory claims and therefore not covered by the Tort Claims Act. Texas Civil Practice and Remedies Code Chapter 81 contains a partial waiver of immunity, which allows a cause of action as defined in �81.002 against governmental units. CHRISTUS, a governmental unit for purposes of the Tort Claims Act, is immune to any claim under Chapter 81 except as allowed by �81.010. The order being appealed is vacated, but a limited claim pursuant to �81.010 is approved. 5th U.S. Circuit Court of Appeals, No. 10-40371, 12-23-2010

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Before REAVLEY, BENAVIDES, and CLEMENT, Circuit Judges.

Appellants CHRISTUS Spohn Health System Corp., CHRISTUS Spohn Health System Corp. d/b/a CHRISTUS Spohn Hospital Corpus Christi–Memorial, and CHRISTUS Health (collectively “CHRISTUS”) appeal the district court’s denial of their Rule 12(b)(1) motion to dismiss Appellee Susanna Hinojosa Rodriguez’s state law claims based on government immunity. The primary issue on appeal is whether Rodriguez’s claims fall under the Texas Tort Claims Act. If so, defendant CHRISTUS is entitled to government immunity on her state law claims,*fn1 and defendant John Hill must be dismissed pursuant to the Tort Claims Act’s election of remedies provision. The district court denied CHRISTUS’s motion to dismiss under Rule 12(b)(1), holding that Rodriguez’s claims were statutory claims and therefore not covered by the Tort Claims Act. We vacate that order but a limited claim is approved.

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