05-23-00606-CV
Tex. App.Dec 6, 2024Background
- Jerry Bostick sustained injuries from a fall at a Baylor Scott & White (BSW) hospital in Marble Falls, Texas, and sued for premises liability.
- Bostick first filed in Travis County, where BSW sought to transfer venue to Burnet County; Bostick nonsuited and refiled in Dallas County, adding an additional defendant.
- BSW again moved to transfer venue to Burnet County, but the Dallas trial court denied the motion.
- At trial, the jury was charged using a definition of "invitee" that included both business and public invitees, as per the Texas Pattern Jury Charges.
- The jury found BSW mostly responsible and awarded Bostick $2.47 million; BSW moved for JNOV or new trial, which was denied by operation of law.
- On appeal, BSW challenged the jury charge, the inclusion of public invitee criteria, sufficiency of the evidence regarding Bostick's status, and the venue determination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury Charge Error (Invitee Definition) | Proper to use Pattern Charge | Overbroad; should not include public invitee | Court agreed with BSW that pattern instruction was improper and was harmful error |
| Invitee vs. Licensee Disjunctive Charge | Sufficient pleadings/evidence for both roles | Only invitee pled; Bostick was a licensee as a matter of law | Court found pleadings and evidence sufficient to submit both statuses to jury |
| Sufficiency of Evidence for Invitee | Evidence shows mutual benefit | No mutual benefit; visitor is licensee | Court found more than a scintilla of evidence for invitee status; disjunctive charge proper |
| Venue (Transfer to Burnet County) | Venue proper in Dallas due to principal office | Venue only proper in Burnet County; events occurred there | Court found venue proper in both Dallas and Burnet; plaintiff allowed to choose |
Key Cases Cited
- Keetch v. Kroger Co., 845 S.W.2d 262 (Tex. 1992) (clarifies standards for premises liability claims)
- Mellon Mortg. Co. v. Holder, 5 S.W.3d 654 (Tex. 1999) (classifies invitee and licensee status for premises liability)
- Scott & White Mem’l Hosp. v. Fair, 310 S.W.3d 411 (Tex. 2010) (further defines invitee status and mutual benefit test)
- Columbia Rio Grande Healthcare, L.P. v. Hawley, 284 S.W.3d 851 (Tex. 2009) (jury charge errors and harm in trial context)
- GeoChem Tech Corp. v. Verseckes, 962 S.W.2d 541 (Tex. 1998) (venue determination upon nonsuit and refiling)