Question

1. If Flagiello had been a burglar who was breaking into the medical supply cabinet instead of a patient when she injured her ankle, would the court have been willing to abandon the charitable immunity doctrine? Why or why not?
2. Does this case mean that stare decisis may be discarded whenever a judge perceives that following precedent will “shipwreck justice”?

Flagiello was a patient at Pennsylvania Hospital when she injured her ankle unrelated to her reason for admission. She brought suit against the hospital claiming that their negligence in maintaining the property resulted in her injury. The trial court dismissed the matter because of the established state common law of the charitable immunity doctrine and Flagiello appealed on the basis that she was a paying patient and that the charitable immunity doctrine was outdated.



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  • CreatedNovember 06, 2014
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