Albritton v. Neighborhood Centers Association For Child Development

466 N.E.2d 867 (1984)

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Nature of the Case

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Facts

P sued D for injuries her child suffered while participating in its free Head Start daycare program. The child was injured while participating in the Head Start daycare program run by D and housed at the Rainey Institute. D operated this program pursuant to an arrangement with the Council for Economic Opportunities In Greater Cleveland, Inc. It was federally funded and D was required to conform to federal guidelines and comply with all applicable state and local laws, ordinances, and codes. The child participated at no cost. D moved for summary judgment under the doctrine of charitable immunity. The motion was granted. P then moved for relief from judgment pending submission of further pleadings. This motion was granted. the trial court again granted NCA summary judgment. The court of appeals affirmed the grant of summary judgment for D. P appealed again. P contends that D is a far different organization than the purely eleemosynary institution envisioned at the time charitable immunity was established. P maintains D is a quasi-governmental organization and subject to liability.