Lorence v. Hospital Bd. of Morgan County

On original deliverance, I concurred in the result reached by the majority opinion (authored by Justice Jones). I now wish to change my vote and dissent for the following reason.

It is now clear to me that the only issue argued on this appeal by appellant is that governmental immunity was not available to the appellee in an action on implied contract. But, the majority have reversed this cause on another ground — holding that governmental immunity is not available as a defense in an action ex delicto.

Up to this day, this Court has always followed the rule that assignments of error not…