Romero v. Lieberman Ex Rel. Estate of Lieberman

Texas Supreme Court

Romero v. Lieberman Ex Rel. Estate of Lieberman

332 S.W.3d 403, 54 Tex. Sup. Ct. J. 505, 2011 Tex. LEXIS 73, 2011 WL 183964

CourtTexas Supreme Court

DecidedJanuary 21, 2011

Docket10-0134

StatusPublished

Cited by1 cases

This text of 332 S.W.3d 403 (Romero v. Lieberman Ex Rel. Estate of Lieberman) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Romero v. Lieberman Ex Rel. Estate of Lieberman, 332 S.W.3d 403, 54 Tex. Sup. Ct. J. 505, 2011 Tex. LEXIS 73, 2011 WL 183964 (Tex. 2011).

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Opinion

PER CURIAM.

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.).

While this case has been pending on appeal, we have decided Franka v. Velasquez, 332 S.W.3d 367 (Tex.2011), holding that, for purposes of section 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. 332 S.W.3d at 370-71. In light of Franka, we grant the doctors’ petition for review, and without hearing oral argument, reverse the court of appeals’ judgment and remand the case to the court of appeals for further proceedings. Tex. R.App. P. 59.1.

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PER CURIAM.

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.).

While this case has been pending on appeal, we have decided Franka v. Velasquez, 332 S.W.3d 367 (Tex.2011), holding that, for purposes of section 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. 332 S.W.3d at 370-71. In light of Franka, we grant the doctors’ petition for review, and without hearing oral argument, reverse the court of appeals’ judgment and remand the case to the court of appeals for further proceedings. Tex. R.App. P. 59.1.

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Bluebook (online)

332 S.W.3d 403, 54 Tex. Sup. Ct. J. 505, 2011 Tex. LEXIS 73, 2011 WL 183964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romero-v-lieberman-ex-rel-estate-of-lieberman-tex-2011.

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