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HOTEL DIEU HOSPITAL v. HUERTA

No. C-1118.

639 S.W.2d 462 (1982)

HOTEL DIEU HOSPITAL, Petitioner, v. Guadalupe HUERTA and Salvador Huerta, Respondents.

Supreme Court of Texas.

July 21, 1982.

Attorney(s) appearing for the Case

Grambling, Mounce, Sims, Galatzan & Harris, Sam Sparks, El Paso, for petitioner.

Bert William, El Paso, for respondents.

ON MOTION FOR REHEARING OF APPLICATION FOR WRIT OF ERROR

PER CURIAM.

This is a negligence suit. A maintenance employee of the hospital sexually assaulted Mrs. Huerta while she was hospitalized. Mrs. Huerta and her husband seek to hold the hospital liable for negligent acts and omissions related to the assault. The jury failed to find negligence in five of the six counts alleged. In the sixth count the jury found that a failure to act was negligence, by failed...

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