Gambill v. White

COIL, Commissioner.

Mrs. Gambill, plaintiff below, claimed $20,000 damages from defendants for their alleged negligence in permitting her to give birth to a child at a time when she was unattended. (Since the appeal in this case, trial court defendant Edwin C. White died and his executrix was substituted as indicated in the caption hereof. The opinion will refer to the defendants as they were in the trial court.) The trial court sustained defendant hospital’s pretrial motion to dismiss on the ground that it was immune from liability as a charitable institution operated solely as a nonprofit…