COLBY v CARNEY HOSPITAL 356 Mass 527 254

COLBY v. CARNEY HOSPITAL 356 Mass. 527, 254 N. E. 2 d 407 (1969) Case Brief Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

COLBY v. CARNEY HOSPITAL • PURPOSE: Colby is to be read along with Higgins to illustrate the difference between legislation and adjudication and illuminate the judicial attitude exemplified in the doctrine of stare decisis. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

COLBY v. CARNEY HOSPITAL • CAUSE OF ACTION: Tort and contract. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

COLBY v. CARNEY HOSPITAL • FACTS: Plaintiff administrator brought an action for the death and conscious suffering of the deceased. Defendant hospital raised the defense of charitable immunity, to which plaintiff demurred, arguing that this defense violated the Massachusetts and federal constitutions. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

COLBY v. CARNEY HOSPITAL • ISSUE: Whether doctrine of charitable immunity is unconstitutional. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

COLBY v. CARNEY HOSPITAL • HOLDING: No. (at least not yet) Copyright 2007 Thomson Delmar Learning. All Rights Reserved.

COLBY v. CARNEY HOSPITAL • REASONING: Although no persuasive argument has been made that the doctrine is unconstitutional, it is highly disfavored and only a few states have failed to abolish it. The Court would prefer the legislature to abolish charitable immunity, but the Court declared its intention to abolish the doctrine at the next appropriate opportunity. Copyright 2007 Thomson Delmar Learning. All Rights Reserved.