# Abernathy v. Sisters of St. Mary's

> Supreme Court of Missouri · November 10, 1969 · 446 S.W.2d 599

URL: https://www.frixlaw.com/law-library/cases/9672211

## Case

- **Full name:** Edward ABERNATHY, Plaintiff-Appellant, v. SISTERS OF ST. MARY’S D/B/A St. Mary’s Hospital, Defendant-Respondent
- **Court:** Supreme Court of Missouri
- **Decided:** November 10, 1969
- **Citations:** 446 S.W.2d 599; 1969 Mo. LEXIS 685
- **Precedential status:** Published
- **Opinion:** Concurrence by Donnelly
- **Judges:** Donnelly, Finch, Henley, Holman, Morgan, Seiler, Storckman
- **Cited by:** 49 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9672211

## Opinion text

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 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9672211. Public record. Not legal advice.