Summary
The Eleventh Court of Appeals of Texas affirmed dismissal of Larry R. Miller’s libel, slander, defamation, and intentional-infliction-of-emotional-distress claims against Ector County Hospital District. The court held that Miller failed to properly preserve and support his request for a continuance and that the hospital district was immune from suit under the Texas Tort Claims Act for his intentional tort claims.
Holdings
- The trial court did not abuse its discretion in denying Miller's request for a continuance because Miller did not file a verified motion for continuance and did not show how the requested discovery could support a waiver of sovereign immunity under the Texas Tort Claims Act.
- The governmental hospital district was immune from suit on Miller's intentional tort claims because the Texas Tort Claims Act does not waive governmental immunity for intentional torts.
Questions Presented
- Whether the trial court abused its discretion by denying Miller's request for a continuance to complete discovery before ruling on the hospital's plea to the jurisdiction and motion for summary judgment.
Disposition
affirmed
Cases Cited (8)
- County of Cameron v. Brown, 80 S.W.3d 549, 554 (Tex. 2002)(followed)
- Texas Department of Transportation v. Able, 35 S.W.3d 608, 611 (Tex. 2000)(followed)
- Reata Construction Corp. v. City of Dallas, 197 S.W.3d 371, 374 (Tex. 2006)(followed)
- Texas Department of Transportation v. Jones, 8 S.W.3d 636, 638 (Tex. 1999)(followed)
- State ex rel. State Department of Highways & Public Transportation v. Gonzalez, 82 S.W.3d 322, 326 (Tex. 2002)(followed)
- Joe v. Two Thirty Nine Joint Venture, 145 S.W.3d 150, 161 (Tex. 2004)(followed)
- Tri-Steel Structures, Inc. v. Baptist Foundation of Texas, 166 S.W.3d 443, 447-48 (Tex. App.—Fort Worth 2005, pet. denied)(followed)
- Villegas v. Carter, 711 S.W.2d 624, 626 (Tex. 1986)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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