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SMITH v. TARRANT COUNTY

No. 2-96-207-CV.

946 S.W.2d 496 (1997)

Geneva SMITH, Appellant, v. TARRANT COUNTY, Texas, and Dannie Cauble, Appellees.

Court of Appeals of Texas, Fort Worth.

May 8, 1997.

Attorney(s) appearing for the Case

James M. Stanley, Fort Worth, for appellant.

Tim Curry, Criminal District Attorney, and Ann Diamond (on appeal), Assistant, Fort Worth, for appellee.

Before CAYCE, C.J., and DAUPHINOT and BRIGHAM, JJ.

OPINION ON REHEARING

CAYCE, Justice.

Our opinion and judgment of March 20, 1997 are withdrawn and the following is substituted therefor.

Geneva Smith filed suit against Tarrant County, Texas and Dannie Cauble, a Lieutenant Deputy with the Tarrant County Sheriff's Department, under the Texas Tort Claims Act alleging that her injuries were proximately caused by the condition or misuse of a flashlight and other equipment by Deputy Cauble, which resulted...

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