Abernathy v. Sisters of St. Mary's

HENLEY, Chief Justice.

This is an action by a patient against a hospital for $35,000 damages for personal *600injuries allegedly suffered as a result of negligence of defendant. Defendant moved for summary judgment, alleging that it is, and operates the hospital as, a benevolent, religious, nonprofit corporation and charitable institution and, therefore, is immune from liability for its torts. The motion was sustained, judgment was entered for defendant, and plaintiff appealed.

The question presented is whether Missouri should continue to adhere to the doctrine that a charitable institution is…