FLEMING v. BAYLOR UNIVERSITY MEDICAL CTR.

No. 5676.

554 S.W.2d 263 (1977)

Luther FLEMING, Appellant, v. BAYLOR UNIVERSITY MEDICAL CENTER, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied August 18, 1977.


Attorney(s) appearing for the Case

J. Donald Bowen, Helm, Pletcher, Hogan & Burrow, Houston, James J. Hartnett, Dallas, for appellant.

Catherine A. Gerhauser and James H. Holmes, III, Burford, Ryburn & Ford, Dallas, for appellee.


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...

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