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Torts Keyed to Prosser
Abernathy v. Sisters of St. Mary’s
Citation:
446 S.W.2d 599Facts
Abernathy (plaintiff) was a patient at Sisters of St. Mary’s (defendant) hospital. During his stay, Abernathy attempted to move from his bed to the bathroom. A hospital employee did not assist him as he moved. Abernathy fell and suffered multiple injuries as a result. Abernathy brought suit against Sisters of St. Mary’s for $35,000 in damages. Abernathy claimed that the failure of one of the hospital’s employees to assist him was negligence. Sisters of St. Mary’s moved for summary judgment, claiming that it was shielded from liability under the doctrine of charitable immunity. The motion was sustained and the trial court entered judgment in favor of Sisters of St. Mary’s. Abernathy appealed to the Supreme Court of Missouri.
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