Purcell v. Poor Sisters of St. Francis Seraph

May a hospital rely upon C.R.S. ’53, 87-1-6, to thwart a claim against it for damages for an injury alleged to have been caused by its negligence in caring for a patient? An affirmative answer to this question would vindicate the judgment of the trial court in this case. A negative answer would require a reversal.

The Poor Sisters of St. Francis Seraph own and operate a hospital in Colorado Springs, Colorado. Suit was brought against the religious order by Frances Irene Purcell, alleging that she had been negligently burned while a patient in the hospital.

A summary judgment in favor of the…