Sarradett v. University of South Alabama Medical Center
| Decision Date | 07 February 1986 |
| Citation | 484 So.2d 426 |
| Parties | 31 Ed. Law Rep. 338 Virginia SARRADETT, as Administratrix of the Estate of Julius E. Pierce, Deceased v. UNIVERSITY OF SOUTH ALABAMA MEDICAL CENTER. 84-680. |
| Court | Alabama Supreme Court |
Charles S. Street, Mobile, for appellant.
Maxey J. Roberts and Thomas R. Boller, of Moore and Downing, Mobile, for appellee.
Defendant appeals from the trial court's entry of summary judgment holding that her counterclaim was barred by the doctrine of sovereign immunity. We affirm.
Plaintiff, University of South Alabama Medical Center, filed the present suit, seeking to recover $103,692.33 for services rendered to the late Julius E. Pierce. Defendant, Virginia Sarradett, as administratrix of the decedent's estate, counterclaimed for wrongful death. The trial court granted plaintiff's motion for summary judgment on the counterclaim on the ground that plaintiff is constitutionally immune from suit. The order was made final pursuant to Rule 54(b), A.R.Civ.P., and defendant appealed.
Article I, section 14, of the Alabama Constitution of 1901 provides: "[T]he State of Alabama shall never be made a defendant in any court of law or equity." The immunity from suit provided by this section extends to state universities. Taylor v. Troy State University, 437 So.2d 472, 474 (Ala.1983); Ellison v. Abbott, 337 So.2d 756, 757 (Ala.1976). This Court has held that the operation of a hospital by a state university falls within the realm of sovereign immunity. Hutchinson v. Board of Trustees of University of Alabama, 288 Ala. 20, 24, 256 So.2d 281, 284 (1971).
Defendant argues that plaintiff should be treated differently from other state university hospitals because the University of South Alabama took over an existing hospital and, defendant alleges, continues to operate it as a public hospital. Defendant points out that public hospitals, as defined in Code of 1975, § 22-21-70, are not immune from suit. Code of 1975, § 22-21-77(2); Horton v. Northeast Alabama Regional Medical Center, Inc., 334 So.2d 885, 888 (Ala.1976).
Defendant notes that the facilities used by plaintiff were built under the authority of the Mobile County Hospital Board, that the agreement by which the University of South Alabama acquired the facilities stipulates that the transfer is conditioned upon continued operation as a public hospital, and that an ad valorem tax imposed on property in Mobile County is distributed to plaintiff to be used solely for public hospital purposes. Defendant argues that the operation of a public hospital is a business undertaking and, therefore, that plaintiff is not an arm of the State.
It is clear from the record in this case, however, that plaintiff medical center is owned and operated by the University of South Alabama in conjunction with its college of medicine. The agreement transferring the hospital to the University states that the University's desire to establish a college of medicine was the motivation for the transfer and that in order to immediately accomplish that desired result the University "must have complete ownership and control of all the properties of the [Mobile County Hospital] Board, including real and personal property and the facilities [formerly] used in the operation of the Mobile General Hospital." (Emphasis added.) Defendant filed nothing in response to plaintiff's motion for summary judgment to contest the assertion that the medical center is a part of the University which serves an educational purpose.
The fact that the University of South Alabama agreed to continue the operation of the medical center as a public hospital does not deprive the medical center of the immunity to which it is entitled as a subdivision of a state university. Defendant's contention that...
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Chief Info. Officer v. Computers Plus Ctr., Inc.
...2006) (same); State v. Ruthbell Coal Co., 133 W. Va. 319, 329, 56 S.E.2d 549 (1949) (same); but see Sarradett v. University of South Alabama Medical Center, 484 So. 2d 426, 427 (Ala. 1986) (prohibiting all counterclaims against state); People v. Cook Development Co., 274 Ill. App. 3d 175, 1......
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Chief Info. Officer v. Computers Plus Ctr., Inc.
...(same); State v. Ruthbell Coal Co., 133 W.Va. 319, 329, 56 S.E.2d 549 (1949) (same); but see Sarradett v. University of South Alabama Medical Center, 484 So.2d 426, 427 (Ala.1986) (prohibiting all counterclaims against state); People v. Cook Development Co., 274 Ill.App.3d 175, 182, 210 Ill......
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LIBERTY NAT. v. UNIV. OF ALA. HEALTH SERVS.
...Hutchinson v. Board of Trustees of University of Alabama, 288 Ala. 20, 24, 256 So.2d 281, 284 (1971)." Sarradett v. University of South Alabama Med. Ctr., 484 So.2d 426, 426 (Ala.1986). Therefore, UAB Hospital is protected by the doctrine of sovereign immunity from Liberty National's claims......
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Health Care Auth. for Baptist Health v. Davis, 1090084.
...is no indication that the Authority receives appropriations from the State or from the Board. Compare Sarradett v. University of South Alabama Med. Ctr., 484 So.2d 426, 427 (Ala.1986) ( “[Counterclaim defendant] has cited us to numerous acts of the legislature appropriating money to the Uni......