Abernathy v. Sisters Of St. Mary's Sup. Ct. Of Mo.,

446 S.W.2d 599 (1969)

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Nature of the Case

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Facts

Abernathy (P) was injured in St. Mary's Hospital (D) because an employee of D negligently failed to assist him as he moved from his bed to the bathroom. P was assisted by Marie Taylor, an employee of the hospital and an original defendant in this action, to move from his bed to his bathroom where he was left by the employee unattended; that due to his weakened condition he fell to the bathroom floor and suffered multiple injuries, including a fracture of his right leg; that his injuries were the result of negligence of the hospital in failing (1) to provide handrails for his support in lowering and raising his body to and from the toilet seat; and (2) to furnish a nurse or attendant to remain with and assist him in these necessary body functions. P sued D for $35,000 in personal injuries. D moved for a summary judgment; it was immune from liability for torts as a benevolent, religious, nonprofit corporation, and charitable institution. The lower court granted D's motion. P appealed.