Huerta v. Hotel Dieu Hospital

OPINION

STEPHEN F. PRESLAR, Chief Justice.

This is an appeal from a jury verdict denying Appellant, Guadalupe Huerta, recovery for an assault upon her while a patient at Hotel Dieu Hospital and from the granting of a directed verdict against Salvador Huerta on his claim for loss of consortium arising out of the assault. We sustain the granting of the directed verdict and reverse the remainder of the case for a new trial because of an instruction on sole proximate cause in the charge.

There is no dispute but that the Plaintiff, Guadalupe Huerta, was assaulted by Jose Hurtado, an employee of…