Jose Victor Hernandez and Wife, Maria Elena Hernandez v. Richard A. Smith, D. O., and the Campbell and Fifth Street Hospital, Incorporated

GODBOLD, Circuit Judge:

In a jury trial the appellants, husband and wife, recovered a verdict against an obstetrical clinic for actual and punitive damages, based on negligence relating to care of the wife. The trial court granted judgment n. o. v. for the clinic. We reverse and remand with instructions to reinstate the verdict.

In June 1971, appellant Maria Elena Hernandez, an expectant mother, contracted with the Campbell and Fifth Street Hospital, Inc., located in El Paso, Texas, for obstetrical care during her pregnancy and delivery, for which she agreed to pay the modest sum of $190.00.…