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FINNIGAN v. BLANCO COUNTY

No. 13934.

670 S.W.2d 313 (1984)

James T. FINNIGAN, Individually and as Representative of the Estate and Survivors of Elizabeth Ann Finnigan, Deceased, Appellant, v. BLANCO COUNTY, Texas, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Denied April 11, 1984.

Attorney(s) appearing for the Case

Darby Riley, Collins, DeWall & Riley, San Antonio, for appellant.

Richard L. Crozier, Douglass D. Hearne, Hearne, Knolle, LeWallen, Livingston & Holcomb, Austin, for appellee.

Before SHANNON, EARL W. SMITH and GAMMAGE, JJ.

PER CURIAM.

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...

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