Baston v. City of Port Isabel

Appellants, Diana Baston, and the survivors of Nieves Valadez Garcia, deceased, filed a wrongful death action against appellees, the City of Port Isabel, Texas, Nellie Fernandez and Randy Farrell, claiming that appellees negligent use of an electrocardiograph (EKG) machine contributed to the death of Nieves Valadez Garcia. The City and the individual defendants filed a plea to the jurisdiction, claiming sovereign immunity barred the suit. The trial court granted the plea, finding that appellants pleadings did not raise any claims which would fall within any exception to the Texas Tort Claims Act. Appellants bring this interlocutory appeal complaining that the trial court erred in granting the plea to the jurisdiction. We agree and reverse the judgment of the trial court.