James R. Spencer v. General Hospital of the District of Columbia

WRIGHT, Circuit Judge,

with whom

Chief Judge BAZELON joins, concurring :

Appellant alleges that he, a paying patient, was injured by the negligent performance upon him of a discography operation by D.C. General Hospital. His suit has been dismissed on the pleadings in reliance on this court’s Calomeris de*485cisión,1 which held that the District of Columbia government operates the hospital as a “governmental” rather than a “proprietary” function, and hence is immune from liability for its negligence. I agree with Judge McGowan’s excellent opinion holding that our Elgin decision 2 requires that…