HERNANDEZ v. SMITH

No. 75-3062.

552 F.2d 142 (1977)

Jose Victor HERNANDEZ and wife, Maria Elena Hernandez, Plaintiffs-Appellants, v. Richard A. SMITH, D. O., and the Campbell and Fifth Street Hospital, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

May 16, 1977.


Attorney(s) appearing for the Case

Joseph (SIB) Abraham, Jr., Charles Louis Roberts, El Paso, Tex., for plaintiffs-appellants.

J. Malcolm Harris, El Paso, Tex., for defendants-appellees.

Before GODBOLD, TJOFLAT and HILL, Circuit Judges.


GODBOLD, Circuit Judge:

In a jury trial the appellants, husband and wife, recovered a verdict against an obstetrical clinic for actual and punitive damages, based on negligence relating to care of the wife. The trial court granted judgment n. o. v. for the clinic. We reverse and remand with instructions to reinstate the verdict.

In June 1971, appellant Maria Elena Hernandez, an expectant mother, contracted with the Campbell and Fifth Street Hospital, Inc....

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