Bronwell v. Williams

I respectfully dissent.

The trial court submitted this case upon three special issues. The first issue inquired of the jury whether Dr. Bronwell “failed to exercise ordinary care when he cut the common bile duct of the Plaintiff, Vivian Williams.” Ordinary care was defined in the charge as “that degree of care which a medical surgeon of ordinary prudence, engaged in the practice of medicine in Lubbock County, Texas, would use under the same or similar circumstances.” The jury answered “we do” to this issue.

By points of error one through four, Dr. Bronwell challenges the court’s submission of…