DUNCAN v. STEEPER


17 Wis.2d 226 (1962)

DUNCAN, Plaintiff and Respondent, v. STEEPER and others, d/b/a JACKSON CLINIC, and another, Defendants and Respondents: METHODIST HOSPITAL, Defendant and Appellant.

Supreme Court of Wisconsin.

June 29, 1962.


Attorney(s) appearing for the Case

For the appellant there were briefs by Aberg, Bell, Blake & Metzner of Madison, and oral argument by Carroll E. Metzner.

For the respondent Duncan there was a brief and oral argument by William R. Curkeet, Jr., of Madison, and Jack L. Goodsitt of Milwaukee.

For the respondents John R. Steeper and others, d/b/a Jackson Clinic, and Roger Harned, there was a brief and oral argument by W. L. Jackman and William L. McCusker, both of Madison.

A brief amici curiae was filed by Robert S. McCormack of Milwaukee, for the Wisconsin Hospital Association and the Wisconsin Conference of Catholic Hospitals.


CURRIE, J.

In Kojis v. Doctors Hospital (1961), 12 Wis.2d 367, 107 N.W.2d 131, 107 N.W.2d 292, this court abolished prospectively, effective January 10, 1961, the defense of charitable immunity in cases where a paying patient is seeking recovery from a charitable hospital for the negligent acts of the hospital, its agents, or employees. Prior to this decision, the defense of charitable immunity would have been a bar to...

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