McElhenny v. Thielepape

This is a suit for personal injuries sustained by Mrs. Thiele-pape when she fell in a waiting room of the defendant doctor, a pediatrician. At the conclusion of plaintiff’s evidence, the trial court granted defendant’s motion for an instructed verdict and entered judgment that plaintiff take nothing. This has been reversed and the cause remanded by the Court of Civil Appeals. 276 S.W. 2d 579.

Mrs. Thielepape had taken her children to the defendant physician and was sitting in the defendant’s reception room awaiting her interview with him. As such she was a business invitee on defendant’s…