Krpan v. Otis Elevator Co.

GRIM, District Judge.

It is clear that under the law of Pennsylvania charitable institutions presently are immune from tort liability. This is true when there is a direct suit against a charitable institution, Michael v. Hahnemann Medical College & Hospital, 404 Pa. 424, 172 A.2d 769 (1961) and when an attempt is made to join a charitable institution as a third-party defendant. Brown v. Pittsburgh, 409 Pa. 357, 186 A.2d 399 (1962).

The present case involves injuries to a convalescent in a Pennsylvania home for the aged and infirm operated by third-party defendant, Sisters of St. Casimir. As the…