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Romero, et al. v. Lieberman

After a psychiatric patient at Terrell State Hospital died of sepsis, allegedly as a result of a complete lack of care, his father sued petitioners, doctors Cesar Romero, Anthony Claxton and David Korman. The doctors moved to dismiss the suit against them under Texas Tort Claims Act �101.106(f) and brought a plea to the jurisdiction on the same ground, claiming that the suit was based on conduct within the general scope of their employment with the state hospital and could have been brought against the state hospital. The trial court dismissed the action. On appeal, the court of appeals reversed. 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, the doctors' petition for review is granted, and without hearing oral argument, the court of appeals' judgment is reversed and remanded. Texas Supreme Court, No. 10-0134, 01-21-2011

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After Larry Lieberman, a psychiatric patient at Terrell State Hospital, died of sepsis allegedly as a result of a complete lack of care, his father, respondent Jacob Lieberman, sued petitioners, Doctors Romero, Claxton, and Korman. The doctors moved to dismiss the suit against them under section 101.106(f) of the Texas Tort Claims Act, TEX. CIV. PRAC. & REM. CODE § 101.106(f), and brought a plea to the jurisdiction on the same ground, claiming that the suit was based on conduct within the general scope of their employment with the State Hospital and could have been brought against the State Hospital. The trial court dismissed the action. On respondent Lieberman’s appeal, the court of appeals reversed. No. 05-08-01636-CV, 2009 Tex. App. LEXIS 8414, at *5, 2009 WL 3595128, at *2 (Tex. App.–Dallas Nov. 3, 2009) (mem. op.).

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