Habuda v. Trustees of Rex Hospital, Inc.

We are met at the beginning of this case with the question of whether the defendant’s hospital was on 13 April 1964 a charitable institution and immune from liability for acts of negligence of its agents under the qualified charity immunity rule.

The Supreme Court of North Carolina in the case of Rabon v. Hospital, 269 N.C. 1, 152 S.E. 2d 485, held:

“Convinced that the rule of charitable immunity can no longer properly be applied to hospitals, we hereby overrule Williams v. Hospital, 237 N.C. 387, 75 S.E. 2d 303, Williams v. Hospital Asso., 234 N.C. 536, 67 S.E. 2d 662, and other cases of…