# Lorence v. Hospital Bd. of Morgan County

> Supreme Court of Alabama · October 2, 1975 · 294 Ala. 614

URL: https://www.frixlaw.com/law-library/cases/9688493

## Case

- **Full name:** Ralph Camenron LORENCE v. HOSPITAL BOARD OF MORGAN COUNTY, Alabama, a Public Corporation, Et Al.
- **Court:** Supreme Court of Alabama
- **Decided:** October 2, 1975
- **Citations:** 294 Ala. 614; 320 So. 2d 631; 1975 Ala. LEXIS 1258
- **Precedential status:** Published
- **Opinion:** Dissent by Merrill
- **Judges:** Jones, Faulkner, Shores, Worth, Almon, Embry, Heflin, Merrill, Maddox, Bloodworth
- **Cited by:** 39 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/9688493

## Opinion text

MERRILL, Justice
(dissenting).
My reasons for dissenting are the same as those appearing in my dissent in Jackson v. City of Florence, 294 Ala. 592 , 320 So.2d 68 . That case did away with governmental immunity of a city in the performance of a governmental function. This case does the same insofar as counties are concerned. These decisions have changed the law that has been in effect in Alabama for over 100 years.
Ordinarily, taxpayers expect that taxes and governmental costs will originate in the Legislature, or their city and county governing bodies. But this court has stepped in, changed a long-existing policy, and abolished governmental immunity for towns, cities and counties while engaged in a governmental function. These decisions will probably extract more money from the pockets of taxpayers in Alabama, or diminish more services each receives, than any act raising new taxes which may be passed by the Legislature now in session.
The Legislature can restore that which has been taken away in these judicial decisions if it sees fit to do so. The taxpayers’ present remedy is with the legislative branch of government.
I would affirm the action of the trial court because I remain of the opinion that the question of governmental immunity in the performance of a governmental function is a legislative rather than a judicial matter, especially in view of the fact that most legislation affecting counties, cities and towns passed in the past 100 years has *621 been enacted with the idea that that doctrine would continue to prevail.
I respectfully dissent.
MADDOX, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9688493. Public record. Not legal advice.