Hooper Webb v. Blount Memorial Hospital

ORDER.

This action by plaintiff-appellant was brought in the District Court because of personal injuries resulting from alleged negligence of the defendant-appellee. Following a jury verdict for the plaintiff the trial court sustained defendant’s motion for judgment notwithstanding the verdict on the ground that the operation of the defendant hospital is a governmental function of Blount County, a political subdivision of the State of Tennessee, and is, therefore, immune from liability for tort. Plaintiff is here on appeal from this ruling.

Defendant is a non-profit public welfare corporation organized under the laws of the State of Tennessee and owned by Blount County, Tennessee.

The question here is whether a corporation such as the defendant can be held liable in tort.

IT APPEARING that the district judge in his opinion ( 196 F.Supp. 114 , D.C.Tenn., 1961) reviewed the law of Tennessee relative to the facts herein and concluded on the basis of McMahon v. Baroness Erlanger Hospital, 43 Tenn.App. 128 , 306 S.W.2d 41, 1957 , and the cases cited therein, that a non-profit public welfare hospital corporation owned by a political subdivision of the State of Tennessee and operated as a governmental function of such subdivision was not liable for the torts of its agents, servants and employees; and IT FURTHER APPEARING after consideration of the record, arguments *438 and briefs of counsel that there is no reversible error in the action of the trial judge;

IT IS, THEREFORE, ORDERED that the judgment of the District Court be affirmed.