Pedersen v. Immanuel Lutheran Church
| Decision Date | 19 January 1961 |
| Docket Number | No. 35506,35506 |
| Citation | 358 P.2d 549,57 Wn.2d 576 |
| Court | Washington Supreme Court |
| Parties | Jeanette PEDERSEN and Edward Pedersen, husband and wife Appellants, v. IMMANUEL LUTHERAN CHURCH, a corporation, Respondent. |
Thor P. Ulvestad, Seattle, for appellants.
Brethorst, Fowler, Bateman, Reed & McClure, Seattle, for respondent.
Jeanette Pedersen (hereafter referred to as the appellant), a member of the Ladies Aid of the respondent church, slipped and fell on the dining-room floor of the church while she was attending a luncheon of the organization. The members furnished the food which was served at the luncheon, the appellant's contribution being a cake. In addition, there was a charge of fifty cents. This money was to defray expenses of the meeting and for charitable purposes of the organization. The appellant brought this action, alleging negligent maintenance of the floor.
A motion of the respondent for summary judgment was granted, and this appeal followed.
The appellant recognizes and accepts the doctrine of charitable immunity as applied by this court. Were that doctrine challenged, this court might be inclined to re-evaluate it, but we cannot properly decide the case upon an issue which has not been raised or argued.
Until this court's decision in Pierce v. Yakima Valley Memorial Hospital Ass'n, 43 Wash.2d 162, 260 P.2d 765, it was the settled law of this state that a benevolent, religious, or charitable institution is not liable for torts committed by its servant against a patron, in the absence of a showing that it failed to exercise reasonable care in the selection or retention of the servant. In that case, the rule was modified to this extent. We held that, where a paying patient of a charitable nonprofit hospital sustains injuries by reason of the negligence of a nurse, he may recover damages from the hospital.
In Lyon v. Tumwater Evangelical Free Church, 47 Wash.2d 202, 287 P.2d 128, 130, damages were sought on behalf of a child who was injured through the alleged negligence of the driver of a bus in which she was being transported, without charge, to Sunday school, the bus being furnished by the church. We held the rule of charitable immunity applicable, saying:
'* * * We do not wish to extend the above holding [Pierce v. Yakima Valley Memorial Hospital Ass'n, supra] to apply to a nonprofit, religious organization which transports children, without charge, to and from...
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Maynard Inv. Co. v. McCann
...Score, 67 Wash.2d 957, 411 P.2d 146 (1966); Magerstaedt v. Eric Co., 64 Wash.2d 298, 391 P.2d 533 (1964); Pedersen v. Immanuel Lutheran Church, 57 Wash.2d 576, 358 P.2d 549 (1961). Even when the record indicates a possible noncompliance with statutes, we have refused to consider an issue or......
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Crose v. Volkswagenwerk Antiengesellschaft, 44160
...and is not properly challenged here. Consequently, we will not consider it. See Pedersen v. Immanuel Lutheran Church, 57 Wash.2d 576, 358 P.2d 549 (1961). The trial court's judgment renders the question of the admissibility of the evidence We affirm the superior court's holdings on each of ......
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Jines v. General Electric Company
...set in, however, and in Lyon v. Tumwater Evangelical Free Church, 47 Wash.2d 202, 287 P.2d 128 (1955), and Pedersen v. Immanuel Luthern Church, 57 Wash.2d 576, 358 P.2d 549 (1961) the wide acclaim which had greeted the Pierce case was proven to be premature as subsequently the court virtual......
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Friend v. Cove Methodist Church, Inc.
...were negligent in leaving the door unlocked. Their action was dismissed by the trial judge on the authority of Pedersen v. Immanuel Lutheran Church, 57 Wash.2d 576, 358 P.2d 549, wherein this court said, in a per curiam opinion, that the rule is that a benevolent, charitable, or religious i......