STATE EX REL. BD. OF TRUSTEES v. RUSSELL

No. 74606.

843 S.W.2d 353 (1992)

STATE ex rel. BOARD OF TRUSTEES OF the CITY OF NORTH KANSAS CITY MEMORIAL HOSPITAL, Relator, v. Honorable David W. RUSSELL, Judge, Circuit Court, Clay County, Respondent.

Supreme Court of Missouri, En Banc.

Rehearing Denied January 27, 1993.


Attorney(s) appearing for the Case

William L. Yocum, William E. Quirk and Michael S. Ketchmark, Kansas City, for relator.

John H. Norton, Kansas City, John B. Ewing, Jr., Sarasota, FL and John W. McKay, Kansas City, for respondent.


THOMAS, Judge.

This case presents the issue of whether and to what extent sovereign immunity shields a Chapter 96 city hospital from liability for medical malpractice. That a city enjoys immunity from liability arising from operation of a hospital is well settled. See, e.g., Zummo v. Kansas City, 285 Mo. 222, 225 S.W. 934 (1920). We conclude that the result is no different when the hospital is operated by a board of trustees pursuant to Chapter 96, RSMo.

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