“Inviteed” charge error

In Baylor Scott & White v. Bostick, the Fifth Court reversed the trial court’s judgment due to errors in the jury charge regarding the definition of an invitee. The Court found that the trial court improperly included the “public invitee” component in the definition of an invitee, which is not recognized under Texas law. The correct definition, as established by the Texas Supreme Court, is that an invitee is “one who enters the property of another with the owner’s knowledge and for the mutual benefit of both,” with the requisite mutual benefit being a shared business or economic interest.

The Court went on to hold that the error in the jury charge was harmful because it related to a contested and critical issue—the plaintiff’s status as an invitee. The evidence was sharply conflicting on this point, and the improper definition let the jury find Bostick was an invitee based on the fact that he entered the hospital as a member of the public. No. 05-23-00606-CV, Dec. 6, 2024 (mem. op.).