Muskopf v. Corning Hospital District - Torts And Liability

When Louisa C. Muskopf, a patient with a broken hip, fell in Corning Memorial Hospital and further injured her hip, she and her husband sued the hospital district for negligence. Counsel for the defendant argued--without contending the facts of the case--that grounds for a suit had not been established. The argument, which was sustained by the superior court of Tehama County, held that hospital district was "a state agency exercising a governmental function and as such was immune from tort liability." A tort is an injury or harmful wrong resulting from something other than a breach of contract for which a citizen can demand restitution. The Supreme Court of California reversed the Tehama County court's judgment on 27 January 1961, firmly rejecting the rule of governmental immunity from tort liability.