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.