Wheeler v. St. Clair County Hospital Dist. No. 1, No. 60012
| Court | Missouri Supreme Court |
| Writing for the Court | SEILER; MORGAN; PER CURIAM |
| Citation | 557 S.W.2d 233 |
| Decision Date | 12 September 1977 |
| Docket Number | No. 60012 |
| Parties | John Wesley WHEELER, Plaintiff-Appellant, v. ST. CLAIR COUNTY HOSPITAL DISTRICT NO. 1, a/k/a Osceola Hospital District, d/b/a Sac-Osage Hospital, Defendant-Respondent. |
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v.
ST. CLAIR COUNTY HOSPITAL DISTRICT NO. 1, a/k/a Osceola
Hospital District, d/b/a Sac-Osage Hospital,
Defendant-Respondent.
Plaintiff-Appellant's Motion for Rehearing, or in
Alternative to Modify
Denied; As Modified on Court's own Motion Nov. 14, 1977.
Glenn Burkart, Springfield, for plaintiff-appellant.
Robert J. Keeter, Springfield, for defendant-respondent.
SEILER, Judge.
A summary judgment was granted defendant hospital district on its plea of sovereign immunity in this action by plaintiff for the wrongful death of his wife, a patient in the hospital, resulting from a fire which allegedly was caused by the defendant's negligence. The court of appeals, Springfield district, affirmed the action of the trial court. On application of plaintiff, we ordered transfer. This case is one of several which were argued in this court on the same date involving the question of governmental immunity for tort liability and its disposition on this appeal is controlled by our decision handed down this same date in the case of Jones v. State Highway Commission, Mo., 557 S.W.2d 225. For the reasons there set forth, we hold that the defense of governmental immunity
Page 234
from tort liability is no longer available as a defense in this case.The judgment is reversed and the cause is remanded for further proceedings not inconsistent herewith.
BARDGETT, FINCH and RENDLEN, JJ., concur.
MORGAN, C. J., and HENLEY and DONNELLY, JJ., dissent.
PER CURIAM.
Plaintiff has filed a motion for rehearing or in the alternative to modify the opinion to extend the abrogation of the defense of sovereign immunity to six other civil actions growing out of the same hospital fire from which the present case arose, all timely filed and pending in the circuit court of St. Clair County, awaiting that court's determination of motions for summary judgments filed by defendant hospital district based upon the defense of sovereign immunity. All of these cases are for wrongful deaths. Three were filed in May-July, 1975 and the other three in November-December, 1976. The same attorneys represent defendant hospital district in the other cases as in the present case. In five of the six cases the same attorneys representing plaintiff in the present case represent plaintiffs in those cases. Counsel for plaintiff states that these six cases were "by common...
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Jones v. State Highway Commission, No. 60017
...building to register for a night class, slipped on a wet spot in the school hallway; No. 60012, Wheeler v. St. Clair Hospital District, 557 S.W.2d 233, a claim against a hospital district for a death growing out of a hospital fire allegedly caused by the hospital's negligence and No. 60042,......
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Winston v. Reorganized School Dist. R-2, Lawrence County, Miller, R-2
...Highway Commission, 557 S.W.2d 225 (Mo. banc 1977) (state highway design defect); (2) Wheeler v. St. Clair County Hosp. Dist. No. 1, 557 S.W.2d 233 (Mo. banc 1977) (county hospital fire causing death); (3) State ex rel. Racer v. Richardson, 557 S.W.2d 235 (Mo. banc 1977) (medical malpractic......
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Hill v. Boles, No. 60788
...231(11) (Mo.1977), Prewitt v. Parkway School District, 557 S.W.2d 232 (Mo.1977), and Wheeler v. St. Clair County Hospital District No. 1, 557 S.W.2d 233 (Mo.1977). In fact, in Abernathy, supra, the Court clearly refused to delay the effective date in the change of the law to permit charitab......
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Bailey v. City of St. Louis, No. 40516
...Strong v. Curators of Univ. of Mo., 575 S.W.2d 812 (Mo.App., E. Dist., 1978). See also, Wheeler v. St. Clair County Hosp. District No. 1, 557 S.W.2d 233 (Mo. banc Affirmed. REINHARD, P. J., and CLEMENS, J., concur. --------------- 1 The City carries no policies of insurance under either § 1......
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Jones v. State Highway Commission, No. 60017
...building to register for a night class, slipped on a wet spot in the school hallway; No. 60012, Wheeler v. St. Clair Hospital District, 557 S.W.2d 233, a claim against a hospital district for a death growing out of a hospital fire allegedly caused by the hospital's negligence and No. 60042,......
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Winston v. Reorganized School Dist. R-2, Lawrence County, Miller, R-2
...Highway Commission, 557 S.W.2d 225 (Mo. banc 1977) (state highway design defect); (2) Wheeler v. St. Clair County Hosp. Dist. No. 1, 557 S.W.2d 233 (Mo. banc 1977) (county hospital fire causing death); (3) State ex rel. Racer v. Richardson, 557 S.W.2d 235 (Mo. banc 1977) (medical malpractic......
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Hill v. Boles, No. 60788
...231(11) (Mo.1977), Prewitt v. Parkway School District, 557 S.W.2d 232 (Mo.1977), and Wheeler v. St. Clair County Hospital District No. 1, 557 S.W.2d 233 (Mo.1977). In fact, in Abernathy, supra, the Court clearly refused to delay the effective date in the change of the law to permit charitab......
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Bailey v. City of St. Louis, No. 40516
...Strong v. Curators of Univ. of Mo., 575 S.W.2d 812 (Mo.App., E. Dist., 1978). See also, Wheeler v. St. Clair County Hosp. District No. 1, 557 S.W.2d 233 (Mo. banc Affirmed. REINHARD, P. J., and CLEMENS, J., concur. --------------- 1 The City carries no policies of insurance under either § 1......