Jenkins v. Houston County Hospital Bd., 4 Div. 351
| Court | Supreme Court of Alabama |
| Writing for the Court | BLOODWORTH; LIVINGSTON |
| Citation | 223 So.2d 583,284 Ala. 180 |
| Parties | Johnnie JENKINS, as Administrator v. HOUSTON COUNTY HOSPITAL BOARD et al. |
| Docket Number | 4 Div. 351 |
| Decision Date | 29 May 1969 |
Page 583
v.
HOUSTON COUNTY HOSPITAL BOARD et al.
Page 584
Richard H. Ramsey, III and J. Huntley Johnson, Dothan, for appellant.
Alto V. Lee, III, Wm. G. McKnight and Wm. L. Lee, III, Dothan, for appellees.
[284 Ala. 181] BLOODWORTH, Justice.
This appeal is from an adverse ruling of the circuit court of Houston County sustaining a plea in abatement filed by defendants, The Houston County Hospital Board, et al., on grounds of government immunity from tort liability.
Suit was filed by Johnnie Jenkins, as administrator of the estate of Leon Jenkins, deceased, seeking damages for the death of plaintiff's intestate. Defendants' plea in abatement raised the point that The Houston County Hospital Board is a public agency engaged in the performance of a governmental function as an arm of the State of Alabama, and is thus immune from suit for the alleged negligence of its officers or employees resulting in the death of plaintiff's intestate.
Plaintiff filed a demurrer to the plea in abatement on grounds inter alia that the plea fails to state matters in abatement, but rather in bar. It appears that there was no ruling thereon, nor is this matter mentioned in brief. Thus, we pretermit any comment thereon.
We have only the one assignment to consider on this appeal, whether the trial court erred in sustaining defendants' plea in abatement. Plaintiff quite frankly asks us to recede from the doctrine of government immunity from tort liability on the ground that such a rule is archaic and unsound.
Other jurisdictions have judicially abandoned the rule of government immunity for tort liability. 1 In Muskopf v. Corning Hospital District (1961), 55 Cal.2d 211, 11 Cal.Rptr. 89, 359 P.2d 457, the California Court analyzed the origin of the rule which emanates from the case of Russell v. Men of Devon (1788), 100 Eng.Rep. 359, and concluded that the rule '* * * must be discarded as mistaken and unjust.'
In Muskopf, supra, an action against the hospital district was brought by a paying patient who alleged that because of the negligence of the hospital staff she fell and reinjured the broken hip for which she was being treated. The court stated that the rule of governmental immunity is an '* * * anachronism, without rational basis, and has existed only by the force of inertia.' The court concluded that it was so riddled with exceptions,...
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Chandler v. Hospital Authority of City of Huntsville
..."governmental function." But it has, and not on just one occasion, but on several. See Jenkins v. Houston County Hospital Board, 284 Ala. 180, 223 So.2d 583 (1969); Thompson v. Druid City Hospital Board, 279 Ala. 314, 184 So.2d 825 (1966); Clark v. Mobile County Hospital Board, 27......
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Hutchinson v. Board of Trustees of University of Ala., 6 Div. 882
...of a hospital, even though paying patients are accepted, is a 'governmental function.' See Jenkins v. Houston County Hospital Board, 284 Ala. 180, 223 So.2d 583 (1969); Thompson v. Druid City Hospital Board, 279 Ala. 314, 184 so.2d 825 (1966); Clark v. Mobile County Hospital Board, 275 Ala.......
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Knight v. Knight
...held that the modification of the doctrine is a legislative question, not one for the courts. Jenkins v. Houston County Hospital Board, 284 Ala. 180, 223 So.2d 583 (1969); Paul v. Escambia County Hospital Board, 283 Ala. 488, 218 So.2d 817 (1969); Stephens v. Druid City Hospital Board, 49 A......
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Smith v. Houston County Hospital Bd., 4 Div. 412
...in a 'governmental function.' But it has, and not on just one occasion, but on several. See Jenkins v. Houston County Hospital Board, 284 Ala. 180, 223 So.2d 583 (1969); Thompson v. Druid City Hospital Board, 279 Ala. 314, 184 So.2d 825 (1966); Clark v. Mobile County Hospital Board, 275 Ala......
-
Chandler v. Hospital Authority of City of Huntsville
...in a "governmental function." But it has, and not on just one occasion, but on several. See Jenkins v. Houston County Hospital Board, 284 Ala. 180, 223 So.2d 583 (1969); Thompson v. Druid City Hospital Board, 279 Ala. 314, 184 So.2d 825 (1966); Clark v. Mobile County Hospital Board, 275 Ala......
-
Hutchinson v. Board of Trustees of University of Ala., 6 Div. 882
...of a hospital, even though paying patients are accepted, is a 'governmental function.' See Jenkins v. Houston County Hospital Board, 284 Ala. 180, 223 So.2d 583 (1969); Thompson v. Druid City Hospital Board, 279 Ala. 314, 184 so.2d 825 (1966); Clark v. Mobile County Hospital Board, 275 Ala.......
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Knight v. Knight
...held that the modification of the doctrine is a legislative question, not one for the courts. Jenkins v. Houston County Hospital Board, 284 Ala. 180, 223 So.2d 583 (1969); Paul v. Escambia County Hospital Board, 283 Ala. 488, 218 So.2d 817 (1969); Stephens v. Druid City Hospital Board, 49 A......
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Smith v. Houston County Hospital Bd., 4 Div. 412
...in a 'governmental function.' But it has, and not on just one occasion, but on several. See Jenkins v. Houston County Hospital Board, 284 Ala. 180, 223 So.2d 583 (1969); Thompson v. Druid City Hospital Board, 279 Ala. 314, 184 So.2d 825 (1966); Clark v. Mobile County Hospital Board, 275 Ala......