IMMUNITY
Titus Reg'l Med. Ctr. v. Tretta, No. 06-05-00060-CV (Tex. App. Nov. 21, 2005)
After a patient died after surgery, the hospital investigated
the surgeon, who resigned while the investigation was ongoing. The physician
sued the hospital and its chief executive officer, claiming both parties
intentionally damaged his professional reputation and conspired to force him
to resign. The trial court had dismissed the tort claims against the CEO on
the basis of official immunity, but had allowed breach of contract conspiracy
claims to stand. The court denied the hospital's motion for summary judgment
based on a sovereign immunity theory. Both the CEO and the hospital appealed.
The Court of Appeals of Texas held that the CEO was eligible for official immunity
for all claims because he was acting in good faith within the scope of his
authority as CEO. It also affirmed the trial court's denial of summary judgment
to the hospital. Since the evidence proved that the hospital was a governmental
entity, it waived its immunity from liability by entering into a contract with
a private party, the CEO. The hospital was precluded from claiming immunity
to claims arising from that contract.