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Legal Opinion · Dissent

Thacker v. Board of Trustees of Ohio State University

Ohio Supreme Court

Decided June 27, 1973No. Nos. 72-105 and 72-106Published

1DissentWelt jam B. Brown, J.

Although I concur in the dissenting opinion of Justice Corrigan, 1 believe the suit should be allowed because the defense of governmental immunity is obsolete.

In this case, a hospital is claiming governmental immunity in a suit brought by an injured patient because it is part of the Ohio State University which is an agency of the government of the state of Ohio.

Immunity in this state has brought about grave injustices and discriminations. A person who has received negligent treatment in a city-owned hospital may sue for recovery, Sears v. Cincinnati (1972), 31 Ohio St. 2d 157; but, in this…

2Cases cited30 opinions

  1. Chisholm v. GeorgiaSupreme Court of the United States · 1793
  2. Molitor v. Kaneland Community Unit District No. 302Illinois Supreme Court · 1959
  3. Muskopf v. Corning Hospital DistrictCalifornia Supreme Court · 1961
  4. Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
  5. Williams v. City of DetroitMichigan Supreme Court · 1961

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