Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Clark, et al. v. Sell

Mitchell Ray Sell was injured while hospitalized. On Mitchell's behalf, respondent Cynthia Sell sued, among others, petitioners Evelyn Clark, Roseanne Rodriguez and Elizabeth Ortiz Petitioners, after answering, moved to dismiss the claims against them under Texas Tort Claims Act �101.106(f), asserting that they were employees of a governmental entity, Sunrise Canyon Hospital. Petitioners argued that the suit was based on conduct within the general scope of their employment and that the claim could have been brought under the Tort Claims Act against the governmental unit. Sell responded. After the trial court indicated that it would deny the motion to dismiss, and shortly before it signed its order, Clark and the other petitioners filed a notice of interlocutory appeal. The court of appeals, without addressing its jurisdiction over the interlocutory appeal, affirmed. While this case has been pending on appeal, the Texas Supreme Court decided Franka v. Velasquez (2011), holding that, for purposes of �101.106(f), a tort action is brought "under" the Texas Tort Claims Act, even if the government has not waived its immunity for such actions. In light of Franka , Clark, Rodriguez and Ortiz's petition for review is granted, and without hearing oral argument, the court of appeals' judgment is reversed and remanded. Texas Supreme Court, No. 07-0647, 01-21-2011

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Mitchell Ray Sell, while hospitalized for psychosis and hallucinations, was allegedly heavily medicated and left lying in the same position for many hours; as a result, he developed “compartment syndrome” in one arm, required surgery, and remains permanently injured. On Mitchell’s behalf, respondent Cynthia Sell sued, among others, petitioners Evelyn Clark, Roseanne Rodriguez, and Elizabeth Ortiz for negligently failing to ensure Mitchell was periodically turned or roused; an attached report further suggests that defendants should have reported Mitchell’s over-medication to a physician. Petitioners, after answering, moved to dismiss the claims against them under section 101.106(f) of the Texas Tort Claims Act, TEX. CIV. PRAC. & REM. CODE§101.106(f), asserting that they were employees of a governmental entity, Sunrise Canyon Hospital. Petitioners argued that the suit was based on conduct within the general scope of their employment, and that the claim could have been brought under the Tort Claims Act against the governmental unit. Sell responded.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Women, Influence & Power in Law US Awards 2024
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
Women, Influence & Power in Law (WIPL) 2024
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More
New England Legal Awards 2024
September 26, 2024
Boston, MA

The New England Legal Awards serves as a testament to the outstanding contributions and achievements made by legal professionals.


Learn More
Go to Events Go to Webcasts
Litigation Attorney

New York boutique law firm currently seeking an attorney with substantive knowledge and at least three years experience litigating in New Yo...


Apply Now ›
Managing Attorney

LOGS Legal Group LLP is looking to add a Managing Attorney to our Cincinnati, Ohio office. JOB TITLE: Managing Attorney BUSINESS UNIT: Le...


Apply Now ›
Personal Injury Defense Litigation Associate - New Jersey

Capehart Scatchard seeks a personal injury defense litigation associate with 1-4 years experience. Hybrid remote work permitted. Must be ad...


Apply Now ›
Go to Lawjobs