Fleming v. Baylor University Medical Center

HALL, Justice.

This is a common law negligence action. Luther Fleming was a patient in Baylor University Medical Center when oxygen supplied to his room for his treatment was caused to ignite and he was severely burned. He brought this action against the Medical Center for his damages. While the cause was awaiting trial Mr. Fleming died and his widow, Mrs. Rita H. Fleming, who is his sole heir and the community survivor, was substituted as plaintiff. The case proceeded to trial before a jury. At the close of plaintiff’s proof defendant Medical Center moved for an instructed verdict asserting…