Legal Opinion

Kojis v. Doctors Hospital

Wisconsin Supreme Court

Decided January 10, 1961PublishedCited by 97 opinions

1Opinion of the CourtBroadfoot, J.

In our consideration of the action we are assuming that the defendant is a charitable hospital and operates as such. We are concerning ourselves only with the question of whether or not a charitable hospital should be exempt from liability for its own negligence or that of its agents, servants, or employees to a paying patient.

Such immunity was first recognized in Wisconsin in the case of Morrison v. Henke (1917), 165 Wis. 166, 160 N. W. 173. A defendant in that case was the La Crosse Hospital Association. The record disclosed that the hospital was an eleemosynary institution paying no…

2Cases cited14 opinions

  1. McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
  2. Parker v. Port Huron HospitalMichigan Supreme Court · 1960
  3. Haskett v. MaxeyIndiana Supreme Court · 1893
  4. Barker v. St. Louis CountySupreme Court of Missouri · 1937
  5. Morrison v. HenkeWisconsin Supreme Court · 1917

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3Cited by97 opinions

  1. Holytz v. City of MilwaukeeWisconsin Supreme Court · 1962
  2. Williams v. City of DetroitMichigan Supreme Court · 1961
  3. Hansen v. AH Robins, Inc.Wisconsin Supreme Court · 1983
  4. Clark v. Southview Hospital & Family Health CenterOhio Supreme Court · 1994
  5. Johnson Controls, Inc. v. BowesMassachusetts Supreme Judicial Court · 1980

92 more not listed; retrieve them via the Exa API.

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