Hannon v. Pulaski County Memorial Hospital, 10638

Decision Date04 January 1978
Docket NumberNo. 10638,10638
Citation560 S.W.2d 615
PartiesLucille HANNON, Appellant, v. PULASKI COUNTY MEMORIAL HOSPITAL, Respondent.
CourtMissouri Court of Appeals

Larry C. Larson, Kansas City, for appellant.

W. H. Thomas, Jr., Dan L. Birdsong, Routh, Thomas, Birdsong & Hutton, Rolla, for respondent.

BILLINGS, Chief Judge.

Plaintiff Lucille Hannon's suit for damages against defendant Pulaski County Memorial Hospital for alleged negligence in 1972 was dismissed by the trial court on defendant's motion that the petition failed to state a cause of action because of defendant's sovereign immunity. We affirm.

The Missouri Supreme Court had occasion to consider the question of governmental immunity from tort liability in four decisions handed down September 12, 1977. In Wheeler v. St. Clair County Hospital District No. 1, 557 S.W.2d 233 (Mo.banc 1977), No. 60012, the court held a hospital district was subject to being sued in a tort action. In State ex rel. Racer v. Richardson, 557 S.W.2d 235 (Mo.banc 1977) No. 60042, the same ruling was applied to a county hospital. In Prewitt v. Parkway School District, 557 S.W.2d 232 (Mo.banc 1977) No. 59958, school districts lost their sovereign immunity. And, the lead opinion, Jones v. State Highway Commission, 557 S.W.2d 225 (Mo.banc 1977) No. 60017, buried the doctrine of governmental immunity in tort liability in a suit for negligence against the state highway commission. However, the Jones case abolished the doctrine of sovereign immunity prospectively, except as to the cases decided that day, "as to all claims arising on or after August 15, 1978 . . . ."

The alleged negligence for which plaintiff sought recovery against the defendant in the instant case occurred in 1972. The doctrine of sovereign immunity is live and viable as to plaintiff's claim and the trial court correctly dismissed her petition.

The judgment is affirmed.

All concur.

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4 cases
  • Gavan v. Madison Memorial Hosp., 49836
    • United States
    • Missouri Court of Appeals
    • October 8, 1985
    ...of the doctrine of governmental immunity to a suit against a county hospital is not an open question. In Hannon v. Pulaski County Memorial Hospital, 560 S.W.2d 615 (Mo.App.1978). Judge Billings writing for the Springfield District affirmed the dismissal of a suit for damages against a count......
  • Gabbett v. Pike County Memorial Hosp., 47855
    • United States
    • Missouri Court of Appeals
    • July 17, 1984
    ...557 S.W.2d 225 (Mo. banc 1977). County hospitals were covered by sovereign immunity prior to Jones. Hannon v. Pulaski County Memorial Hospital, 560 S.W.2d 615 (Mo.App.1978). Hospital's purchase of liability insurance, that apparently would cover claims of this nature, did not waive the immu......
  • Conner v. Crawford County, 11061
    • United States
    • Missouri Court of Appeals
    • October 9, 1979
    ...immunity is live and viable as to plaintiff's claim and the trial court correctly dismissed (the) petition." Hannon v. Pulaski County Memorial Hospital, 560 S.W.2d 615 (Mo.App.1978). The judgment is All concur. 1 Wheeler v. St. Clair County Hosp. Dist. No. 1, 557 S.W.2d 233 (Mo. banc 1977);......
  • Joplin Auto. Auction Co., Inc. v. Roberts
    • United States
    • Missouri Court of Appeals
    • January 4, 1978
    ... ... The Newton County Circuit Court entered judgment for plaintiff ... ...

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