Baylor University Medical Center v. Fleming

Texas Supreme Court

Baylor University Medical Center v. Fleming

561 S.W.2d 797, 21 Tex. Sup. Ct. J. 103, 1977 Tex. LEXIS 298

CourtTexas Supreme Court

DecidedDecember 7, 1977

DocketNo. B-7083

StatusPublished

Cited by2 cases

This text of 561 S.W.2d 797 (Baylor University Medical Center v. Fleming) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Baylor University Medical Center v. Fleming, 561 S.W.2d 797, 21 Tex. Sup. Ct. J. 103, 1977 Tex. LEXIS 298 (Tex. 1977).

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Opinion

PER CURIAM.

Luther Fleming was injured by a fire that occurred in his hospital room at Baylor University Medical Center. The trial court directed a verdict against Fleming on the ground that there was no evidence that his injuries were proximately caused by negligent conduct on the part of the Medical Center. The Court of Civil Appeals reversed and remanded the cause for a new trial. It held that the evidence introduced raised issues of fact as to negligence and proximate cause. 554 S.W.2d 263. We agree that a new trial is required.

The Court of Civil Appeals also held that the Medical Center’s interrogatories to Mrs. Fleming waived application of the Dead Man’s Statute, Tex.Rev.Civ.Stat.Ann. art. 3716. The action of this Court should not be understood as approving the portion of the opinion pertaining to waiver of that Statute. Application for writ of error is refused, no reversible error.

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PER CURIAM.

Luther Fleming was injured by a fire that occurred in his hospital room at Baylor University Medical Center. The trial court directed a verdict against Fleming on the ground that there was no evidence that his injuries were proximately caused by negligent conduct on the part of the Medical Center. The Court of Civil Appeals reversed and remanded the cause for a new trial. It held that the evidence introduced raised issues of fact as to negligence and proximate cause. 554 S.W.2d 263. We agree that a new trial is required.

The Court of Civil Appeals also held that the Medical Center’s interrogatories to Mrs. Fleming waived application of the Dead Man’s Statute, Tex.Rev.Civ.Stat.Ann. art. 3716. The action of this Court should not be understood as approving the portion of the opinion pertaining to waiver of that Statute. Application for writ of error is refused, no reversible error.

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Bluebook (online)

561 S.W.2d 797, 21 Tex. Sup. Ct. J. 103, 1977 Tex. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baylor-university-medical-center-v-fleming-tex-1977.

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