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Rivas v. City of Houston12/9/1999
y as well as the patient's safety, and, in his opinion, their safety justified running a Code II emergency conveyance. This evidence establishes that Calfee acted in good faith as a matter of law.
Although Calfee and the City had the burden to establish all elements of the immunity defense, a j.n.o.v. review merely requires that we review the jury findings. See Johnson v. Johnson Med., Inc. v. Sanchez, 924 S.W.2d 925, 929 (Tex. 1996). This is, of course, the only requirement in reviewing a no evidence point of error, which is our benchmark for j.n.o.v. review. See Brown v. Bank of Galveston, 963 S.W.2d 511, 513 (Tex. 1998). There was no jury finding regarding whether Calfee's actions were discretionary or whether he acted within the scope of his authority, so we need not consider whether Calfee and the City established these elements of their affirmative defense. Having found that no evidence supported the jury's finding a lack of good faith and that Calfee and the City established good faith as a matter of law, we hold that the trial court did not err in granting a judgment n.o.v. We overrule Rivas's points of error and affirm the judgment of the trial court.
/s/ Leslie Brock Yates
Justice
Judgment rendered and Opinion filed December 9, 1999. Panel consists of Justices Yates, Fowler, and Draughn. Publish--TEX. R. APP. P. 47.3(b).
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