Procedure section 1281.12 operates in the present case. As recounted above, plaintiff In Cathey, plaintiffs sued a doctor and hospital after their child was stillborn. Defendants won summary judgment in the trial court on their argument that plaintiffs failed to comply with the formal notice provision of the Texas Tort Claims Act. Plaintiffs argued the hospital had actual notice because the actual notice requirement meant only that a governmental unit have knowledge that a death, an injury or property damage had occurred. Id. The Texas Supreme Court held that the plaintiffs' version of actual notice would render the statute meaningless: ISS! :4?20?(?) : ? : /:?(?. Nanawale Estates.
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