[DOWNLOAD] "Villasan V. O'rourke" by In the Court of Appeals Ninth District of Texas at Beaumont * Book PDF Kindle ePub Free

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eBook details

• Title: Villasan V. O'rourke
• Author : In the Court of Appeals Ninth District of Texas at Beaumont
• Release Date : January 26, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This is a case of first impression and requires that we interpret the amended provisions of section 101.106(e) of the Texas Civil Practice and Remedies Code enacted as a part of the Legislature's tort reform efforts in 2003. See Tex. Civ. Prac. & Rem. Code Ann. §101.106(e) (Vernon Supp. 2005). Section 101.106(e) provides in suits where both the governmental unit and its employee are sued, the suit against the employee immediately be dismissed on motion of the governmental unit. The ultimate issue is whether the trial court erred in denying Dr. Antonio Villasan's motions requesting his dismissal from a suit filed by William O'Rourke and other family members against Dr. Villasan and the University of Texas Medical Branch, Galveston ("UTMB"). Subsidiary to that issue are questions of whether the trial judge had a mandatory duty to dismiss Dr. Villasan pursuant to section 101.106(e) based on the government's filing of a motion to do so, and whether the amendments to section 101.106 apply despite a federal court suit filed by the O'Rourkes prior to the effective date of the amended provisions. Answering the two subsidiary questions in the affirmative leads us to conclude the trial court erred in failing to grant Dr. Villasan's motion to dismiss the claim against him, and accordingly, we reverse and dismiss.

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