giving prospective application to all persons potentially affected by decision eliminating doctrine of charitable immunity because of injustice to those who relied on prior decisions
How later courts described this case
- giving prospective application to all persons potentially affected by decision eliminating doctrine of charitable immunity because of injustice to those who relied on prior decisions
- abolishing common law doctrine of charitable immunity
- abrogating the rule of charitable immunity
- decision overruling charitable hospital immunity prospective
Written by the judges who cited it.
The opinion
DONNELLY, Judge
(concurring in result).
I concur in the result on the basis of the particular facts and circumstances of this particular case but I do not concur in the complete abolition of the charitable immunity doctrine in Missouri. In my opinion, the public policy of the State would be better served by considering each case on its own facts and by determining whether the defendant in each case is entitled to the benefit of the charitable immunity doctrine. Cf. Blatt v. Geo. H. Nettleton Home For Aged Women, 365 Mo. 30 , 275 S.W.2d 344 .