Thomas v. Harris County

This case raises a question of first impression in Texas: Is a county liable for the negligence of a jail physician who is an employee of an independent contractor?

I dissent from the denial of en banc consideration of the panel’s opinion. The panel’s opinion affirms the trial court’s judgment that Harris County is not liable for the negligence of physicians who provide medical aid to prison inmates because the physicians were the employees of an independent contractor.

The plaintiffs filed this action to recover for the death of Stephen Murray, claiming his death was caused by the negligence…