Glenn v. Leal (Per Curiam)Annotate this Case
In this healthcare liability action, the Supreme Court reversed the judgment of the court of appeals affirming the judgment of the trial court denying Defendant's motion for directed verdict and motion for judgment notwithstanding the verdict (JNOV), holding that the trial court gave an erroneous charge that instructed the jury on the incorrect law applicable in the case.
Plaintiffs filed this action against their obstretician, claiming that Defendant failed to exercise ordinary care when delivering Plaintiffs' baby and that Defendant's negligence proximately caused the baby's brachial plexus injury. At the close of the evidence Defendant moved for a directed verdict, arguing that there was legally insufficient evidence of willful and wanton negligence as required under Tex. Civ. Prac. & Rem. Code 74.153. The trial court denied the motion. The jury returned a verdict in favor of Plaintiffs, finding that Defendant was negligent under an ordinary, and not a willful and wanton, negligence standard. The trial court denied Defendant's motion for JNOV. The Supreme Court reversed, holding that the court erred in charging the jury because the jury should have considered whether section 74.153's standard of willful and wanton negligence applied in this case where it was contested whether Defendant provided emergency medical care to the mother and the baby.