ABERNATHY V. SISTERS OF ST. MARY'S
Sup. Ct. of Mo., 446 S.W.2d 599 (1969)
NATURE OF THE CASE: Abernathy (P) appealed from summary judgment in favor of Sisters (D),
nonprofit hospital, in a personal injury action for damages, in which the court held that D
was protected from liability under the doctrine of charitable immunity.
FACTS: Abernathy (P) was injured in St. Mary's Hospital (D) because an employee of D
negligently failed to assist him as he moved from his bed to the bathroom. P was assisted by
Marie Taylor, an employee of the hospital and an original defendant in this action, to move
from his bed to his bathroom where he was left by the employee unattended; that due to his
weakened condition he fell to the bathroom floor and suffered multiple injuries, including a
fracture of his right leg; that his injuries were the result of negligence of the hospital
in failing (1) to provide handrails for his support in lowering and raising his body to and
from the toilet seat; and (2) to furnish a nurse or attendant to remain with and assist him
in these necessary body functions. P sued D for $35,000 in personal injuries. D moved for a
summary judgment; it was immune from liability for torts as a benevolent, religious,
nonprofit corporation, and charitable institution. The lower court granted D's motion. P
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
Get
free access to the entire content for Mac, PC or Online
for 2-3 days and free samples
of all kinds of products.
for 2-3 days and free samples of all kinds of products.
https://bsmsphd.com
© 2007-2016 Abn Study Partner
No comments:
Post a Comment