Hotel Dieu Hospital v. Huerta

ON MOTION FOR REHEARING OF APPLICATION FOR WRIT OF ERROR

This is a negligence suit. A maintenance employee of the hospital sexually assaulted Mrs. Huerta while she was hospitalized. Mrs. Huerta and her husband seek to hold the hospital liable for negligent acts and omissions related to the assault. The jury failed to find negligence in five of the six counts alleged. In the sixth count the jury found that a failure to act was negligence, but failed to find such failure was a proximate cause. The court of appeals reversed judgment on the jury verdict for the hospital and remanded the cause for…