Legal Opinion · Concurring in part, dissenting in part

Grant v. Touro Infirmary

Supreme Court of Louisiana

Decided May 5, 1969No. 49185, 49201Published

1Concurring in part, dissenting in partBarham, Justice

The majority, citing only Court of Appeal cases and apparently relying entirely upon them, has decided that the law of Louisiana makes eleemosynary institutions immune from liability for the delicts of their servants. The majority cites no constitutional, codal, or statutory authority or Supreme Court jurisprudence for such law, hut states nevertheless that “ * * * if any change is to be effected in the law, it should be made by the legislative and not the judicial department”. I believe that Civil Code Articles 2315, 2316, and 2320, which assign responsibility to respond in damages for one’s…

2Cases cited14 opinions

  1. McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
  2. Mississippi Baptist Hospital v. HolmesMississippi Supreme Court · 1952
  3. Danks v. MaherLouisiana Court of Appeal · 1965
  4. D'Antoni v. Sara Mayo HospitalLouisiana Court of Appeal · 1962
  5. Bougon v. Volunteers of AmericaLouisiana Court of Appeal · 1934

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