County of Dallas v. Sempe, 151 S.W.3d 291 (Tex. App.—Dallas 2004), pet. dism'd w.o.j., 262 S.W.3d 315 (Tex. 2008).
Prisoner was killed by a fellow inmate during a jailhouse fight.
Children brought a survival action alleging that Prisoner’s death was
the result of the jail being overcrowded. County claimed that Children
lacked standing to bring the survival action. The appellate court
explained that because Children waited until more than four years from
the date of Prisoner’s death to sue, they were not required to allege
that there was no administration pending and that none was necessary. In
addition, they were not required to file suit within the four-year
period for instituting probate proceedings. The statute of limitations
on Prisoner’s claim had not run when he died and was tolled during
Children’s minority.
Moral: Survival actions may be heard many years after the decedent’s
death if the heirs are minors because the statute of limitations is
tolled.