Victor Ramos v. City of Laredo

Summary

In this concurring opinion, Justice Marialyn Barnard discusses a potential unintended consequence of Texas Civil Practice and Remedies Code section 101.106(e), which permits dismissal of a governmental employee from a suit. The opinion expresses concern that a governmental entity might then avoid liability by arguing that the employee was outside the course and scope of employment, but concludes that the City of Laredo's judicial admission precluded that argument in this case.

Questions Presented

1. Whether section 101.106(e) of the Texas Civil Practice and Remedies Code can produce the unintended consequence of allowing a governmental entity to obtain dismissal of its employee and then avoid liability by asserting immunity or disputing course and scope of employment.

Disposition

other