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Muskopf v. Corning Hospital District

Torts And Liability, Sovereign Immunity, The Narrowing Of Immunity, Tort Liability


Louisa C. Muskopf, et al.


Corning Hospital District

Appellant's Claim

That the hospital district was liable for negligence in the appellant's injury, and not immune from tort liability on the grounds of it's government status.

Chief Lawyers for Appellant

P. M. Barceloux, Burton J. Goldstein

Chief Lawyers for Appellee

Glenn D. Newton, William W. Coshow

Justices for the Court

Maurice P. Dooling, Jr., Phil S. Gibson, Raymond E. Peters, Roger J. Traynor (writing for the court), Thomas P. White

Justices Dissenting

Marshall F. McComb, B. Rey Schauer


Bank, California

Date of Decision

27 January 1961


That the doctrine of government immunity from tort liability was mistaken, and the hospital district could be held liable.


The case broadened the scope for individuals bringing suit against municipal and state governments for personal injuries.

Related Cases

  • Doe v. McMillan, 412 U.S. 306 (1979).
  • Nixon v. Fitzgerald 457 U.S. 731 (1982).
  • Crawford-El v. Britton, 118 S.Ct. 1584 (1998).


"Tort Liability." Fort Hays State University, http://bigcat.fhsu.edu.

Further Readings

  • Schuck, Peter H. Suing Government: Judicial Remedies for Official Wrongs. New Haven: Yale University Press, 1983.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1954 to 1962