Last week, the Supreme Court of Texas issued no opinions, but did issue two grants.
In Tarrant County Regional Water District v. Richard and Sharkara Johnson, a wrongful death case, the Court will consider whether the discretionary function exception under the Texas Tort Claims Act protects the Tarrant County Regional Water District (TRWD) from liability following a death caused by the dangerous condition of the system chutes near the Clear Fork of the Trinity River. The date of oral arguments has not yet been set.
In Texas Health Presbyterian Hospital of Denton et al. v. D.A. and M.A., a medical malpractice/birth injury case, the Court will determine whether the heightened standard for emergency care providers (willful and wanton) applies when a patient is not evaluated or treated in a hospital emergency department prior to receiving emergency medical care. The date for oral arguments is pending.