Flagiello v. Pennsylvania Hospital

*516Concurring Opinion by

Mr. Justice Roberts:

As one who was not on the Court when a majority last reaffirmed its adherence to the doctrine of charitable immunity, I welcome today’s opportunity to express some views on the issue.

I concur in what the Court does today for the fundamental reason that, no matter how viewed, the doctrine of charitable immunity cannot withstand unimpassioned analysis. Briefly put, there is really no supportable rationale upon which this judicially-created exception to the ordinary rules of liability can be predicated. The various theories advanced in favor of the…