Fulton-DeKalb Hospital Authority v. Fanning

Beasley, Judge.

Fanning, as administratrix of her father’s estate, sued the hospital authority (“Grady”) for allegedly negligent medical care and treatment of the decedent. Grady moved for summary judgment, supported by the affidavit of a physician attesting to the level of care and treatment provided. In a supplemental motion Grady advanced the charitable immunity defense (initially asserted in its answer) as a basis for summary judgment. The trial court denied summary judgment, and this court denied an interlocutory appeal.

In a bifurcated proceeding as to decedent’s status as a charity…