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.
Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1954 to 1962Muskopf v. Corning Hospital District - Torts And Liability, Sovereign Immunity, The Narrowing Of Immunity, Tort Liability