Finnigan v. Blanco County

James T. Finnigan, individually and as representative of the estate and survivors of Elizabeth Ann Finnigan, his deceased wife, appeals from the summary judgment of the district court that Finnigan take nothing in his suit against Blanco County under the Texas Tort Claims Act. Tex. Rev.Civ.Stat.Ann. art. 6252-19 § 3 (Supp. 1982). We will reverse the judgment and remand the cause for trial.

The summary judgment proof shows that on August 13, 1980, David Morgan was the only prisoner in the Blanco County jail. He was in custody on a charge of attempted murder. On the day in question, Deputy…