08-0453 GEFFREY KLEIN, M.D. and BAYLOR COLLEGE OF MEDICINE v. HERNANDEZ 08-0453 Geffrey Klein, M.D., and Baylor College of Medicine v. Cynthia Hernandez from Harris County and the First District Court of Appeals, Houston For petitioners: Cameron Pope, Houston For respondent: Robert J. Talaska and Theodore G. Skarbowski, Houston In this medical-malpractice suit the principal issues are (1) whether the appeals court erred by dismissing Klein and Baylor's interlocutory appeals because Klein was not a state officer or employee and Baylor was not a governmental unit and (2) whether the trial court erred by denying Baylor and Klein's summary-judgment motions based on governmental immunity. Hernandez sued Klein and Baylor for injuries her baby suffered during a delivery at Houston's public Ben Taub Hospital by Klein, a Baylor resident acting under Baylor's contract with the Texas Higher Education Coordinating Board for training at Ben Taub. The two Houston courts of appeals have split on the question whether Baylor residents should be considered public employees entitled to take preliminary appeals when a trial court denies dismissal based on an immunity claim. The first argument begins at 9 a.m. in the courtroom in Austin. Each side will have 20 minutes for argument. This advisory serves only as an abbreviated guide to oral argument. Summaries are prepared by the Court’s staff attorney for public information and reflect his judgment alone on facts and legal issues and in no way represent the Court’s opinion about case merits. Texas Supreme Court advisory Contact: Osler McCarthy, Staff Attorney for Public Information (512) 463.1441 or email: osler.mccarthy@courts.state.tx.us (Javascript is required to view Mediasite content)