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LORENCE v. HOSPITAL BD. OF MORGAN COUNTY

SC 1137.

320 So.2d 631 (1975)

Ralph Camenron LORENCE v. HOSPITAL BOARD OF MORGAN COUNTY, Alabama, a public corporation, et al.

Supreme Court of Alabama.

As Corrected on Denial of Rehearing October 2, 1975.

Attorney(s) appearing for the Case

Chenault & Chenault, Decatur, for appellant.

Joe Calvin, Decatur, for appellees.

JONES, Justice.

The principle issue presented by this appeal is whether governmental immunity is available to a County Hospital Board as a valid defense to an action ex delicto.

We reverse the trial Court's order granting the motion to dismiss the tort counts. We hold that the trial Court did not err in granting the motion to dismiss the contract counts since the duty alleged is imposed solely by law and its alleged breach is tortious only. Accordingly, we...

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