Baylor Scott & White v. Peyton

549 S.W.3d 242
CourtCourt of Appeals of Texas
DecidedApril 19, 2018
DocketNO. 02-17-00135-CV
StatusPublished
Cited by4 cases

This text of 549 S.W.3d 242 (Baylor Scott & White v. Peyton) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baylor Scott & White v. Peyton, 549 S.W.3d 242 (Tex. Ct. App. 2018).

Opinion

SUE WALKER, JUSTICE

I. INTRODUCTION

This is an interlocutory appeal from the denial of Appellant Baylor Scott & White a/k/a Baylor Health Care System's (BHCS) plea to the jurisdiction based on governmental immunity. See generally Tex. Civ. Prac. & Rem. Code Ann. § 51.014(a)(8) (West Supp. 2017) (allowing appeal from interlocutory order that grants or denies a plea to the jurisdiction by a governmental unit). We address a single, narrow issue.1 We assume that BHCS is a "hospital district management contractor" under the definition set forth in Texas Health and Safety Code section 285.071, and we address whether, as such, BHCS qualifies for the governmental immunity statutorily created by Texas Health and Safety Code section 285.072. See Tex. Health & Safety Code Ann. §§ 285.071, .072 (West 2017). Because *245BHCS's affiliation agreement with Decatur Hospital Authority d/b/a Wise Regional Health System (Wise Regional) expressly prohibits BHCS from managing or operating any aspect of Wise Regional, and because BHCS is not a hospital district management contractor that manages or operates Wise Regional, BHCS does not possess governmental immunity from suit under section 285.072 in the underlying negligence action filed by Appellee Kimberly D. Peyton; we will therefore dismiss this appeal for lack of jurisdiction.

II. FACTUAL AND PROCEDURAL BACKGROUND

After suffering negative effects from opiate over-sedation during a total left knee arthroplasty at Wise Regional, Peyton filed suit against multiple defendants, including BHCS. Peyton alleged that, among other things, BHCS was negligent because it had failed to properly train the nursing staff as required by BHCS's affiliation agreement with Wise Regional.

BHCS filed a plea to the jurisdiction. BHCS asserted that by virtue of Texas Health and Safety Code section 285.072, BHCS had been statutorily declared to be a governmental unit for purposes of the Texas Tort Claims Act (TTCA). Claiming governmental unit status, BHCS argued that Peyton failed to provide BHCS with a notice of claim as required by the TTCA and that Peyton's claims do not fall within the waiver of immunity provided by the TTCA, so that the trial court lacks jurisdiction over BHCS.

Peyton filed a response to BHCS's plea to the jurisdiction. Peyton argued that BHCS's affiliation agreement with Wise Regional conveyed no managerial responsibilities or operational authority to BHCS and that, accordingly, no facts exist enabling BHCS to qualify for the governmental immunity created by section 285.072.

After hearing argument and reviewing the pleadings, the trial court signed an order denying BHCS's plea to the jurisdiction. This interlocutory appeal followed.

III. BHCS IS NOT ENTITLED TO GOVERNMENTAL IMMUNITY

In its sole issue, BHCS argues that the trial court erred by denying its plea to the jurisdiction because it is a hospital district management contractor-as that term is defined in Texas Health and Safety Code section 285.071 -and that, as such, Texas Health and Safety Code section 285.072 declares it to be a governmental unit entitled to immunity under the TTCA.

A. Standard of Review

Governmental immunity from suit defeats a trial court's subject-matter jurisdiction and is properly asserted in a plea to the jurisdiction. Tex. Dep't of Parks & Wildlife v. Miranda , 133 S.W.3d 217, 225-26 (Tex. 2004). Whether a court has subject-matter jurisdiction and whether a plaintiff has alleged facts that affirmatively demonstrate a trial court's subject-matter jurisdiction are questions of law. Id. at 226. We therefore review de novo a trial court's ruling on a jurisdictional plea. Id. This standard mirrors our summary-judgment standard under Texas Rule of Civil Procedure 166a(c) and places the burden on the movant to meet the standard of proof to show the trial court lacks subject-matter jurisdiction. Id. at 228.

When a plea to the jurisdiction challenges the existence of jurisdictional facts, we consider relevant evidence submitted by the parties when necessary to resolve the jurisdictional issues raised, as the trial court is required to do. See Bland Indep. Sch. Dist. v. Blue , 34 S.W.3d 547, 555 (Tex. 2000). If the evidence creates a fact question regarding the jurisdictional *246issue, then the trial court cannot grant the plea to the jurisdiction, and the fact issue will be resolved by the factfinder. Miranda , 133 S.W.3d at 227-28. However, if the relevant evidence is undisputed or fails to raise a fact question on the jurisdictional issue, the trial court rules on the plea to the jurisdiction as a matter of law. Id. at 228.

B. Applicable Law

1. The Law on Governmental Immunity and Hospital District Management Contractors

Governmental immunity protects constitutionally or legislatively-created institutions, agencies, or organs of government from suit and liability. See Tex. Civ. Prac. & Rem. Code Ann. § 101.001(3)(D) (West Supp. 2017). The TTCA provides a limited waiver of governmental immunity. See id. § 101.021 (West 2011). To recover under the TTCA, a claimant must provide proper notice to the governmental unit unless the governmental unit has actual notice of the harm suffered by the claimant.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
549 S.W.3d 242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baylor-scott-white-v-peyton-texapp-2018.