Cecil B. Sanner and Mary W. Sanner v. The Trustees of the Sheppard and Enoch Pratt Hospital
4th Cir.12/9/1968
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Full Opinion
PER CURIAM: Except for an important statutory relaxation 1 in 1966, Maryland judicially adheres to the so called doctrine of charitable immunity. Ordinarily such a matter is one of state law. Erie R. R. v. Tompkins, 304 U.S. 64 , 58 S.Ct. 817 , 82 L.Ed. 1188 (1938). We have carefully considered plaintiff’s interesting contention that the state of Maryland may not constitutionally cling to this judge-made, and increasingly questioned, doctrine. We reject the contention and affirm the granting of summary judgment in favor of the charitable institution, D.C., 278 F.Supp. 138 . Affirmed. 1 . Maryland Code Annotated Art. 43 §, 556A (Supp.1966).
Case Information
- Court
- 4th Cir.
- Decision Date
- December 9, 1968
- Status
- Precedential