MYERS v. DROZDA

No. 36014.

141 N.W.2d 852 (1966)

180 Neb. 183

James F. MYERS, Appellant, v. Joseph P. DROZDA et al., Appellees, Consolidated In District Court with Deborah L. Myers, a Minor, by James F. Myers, Her Next Friend, Appellant, v. Joseph P. Drozda et al., Appellees.

Supreme Court of Nebraska.

April 22, 1966.


Attorney(s) appearing for the Case

Richard G. Stehno, Omaha, for appellant.

Kennedy, Holland, DeLacy & Svoboda, Joe P. Cashen, C. E. Heaney, Jr., Omaha, for appellees.

Heard before WHITE, C.J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ.


SMITH, Justice.

An infant girl and her father urge us to repudiate the court-made rule which has exempted nonprofit charitable hospitals from liability for negligent injuries to patients. In the district court the rule of exemption produced a summary judgment for the hospital on the personal injury claim of the girl and the derivative claim of her father. These appeals followed.

For purposes of review we assume the truth of the following statements. Defendant...

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