Edward ABERNATHY, Plaintiff-Appellant,
v.
SISTERS OF ST. MARY'S d/b/a St. Mary's Hospital, Defendant-Respondent.
Supreme Court of Missouri, En Banc.https://leagle.com/images/logo.png
November 10, 1969.
November 10, 1969.
Attorney(s) appearing for the Case
Burton H. Shostak, Hoffman & Shostak, St. Louis, for appellant; Klamen & Weisman, Clayton, of counsel.
R. E. Keaney, Moser, Marsalek, Carpenter, Cleary & Jaeckel, St. Louis, for respondent.
Forrest P. Carson, George A. Rozier, Jefferson City, Elliott P. Koenig, St. Louis, for amici curiae.
Carson, Inglish, Monaco & Coil, Jefferson City, for amicus curiae, Missouri Hospital Assn.
Rassieur, Long, Yawitz, Koenig & Schneider, St. Louis, for amicus curiae, Hospital Assn. of Metropolitan St. Louis.
Supreme Court of Missouri, En Banc.
HENLEY, Chief Justice.
This is an action by a patient against a hospital for $35,000 damages for personal injuries allegedly suffered as a result of negligence of defendant. Defendant moved for summary judgment, alleging that it is, and operates the hospital as, a benevolent, religious, nonprofit corporation and charitable institution and, therefore, is immune from liability for its torts. The motion was sustained, judgment...
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