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IMMUNITY - HEALTHCARE AUTHORITY FOR BAPTIST HEALTH, ETC. V. DAVIS, AS EXECUTRIX, ETC.

Healthcare Authority for Baptist Health, etc. v. Davis, as Executrix, etc., [Ms. 1090084, May 17, 2013] ___ So. 3d ___ (Ala. 2013). On application for rehearing, the Supreme Court withdraws an opinion that had given sovereign immunity to Baptist Hospital in Montgomery. The new opinion holds that the Healthcare Authority created by the University of Alabama to operate Baptist Hospital under an affiliation agreement is not the State of Alabama and therefore not entitled to State immunity under Art. 1, ¤ 14 of the Alabama Constitution of 1901. The opinion also holds that it would be unconstitutional to give such an authority the protection of the $100,000 limit on liability for cities and counties. Thus, on rehearing, the Supreme Court affirms a $3,200,000 judgment on a verdict for plaintiff in a wrongful-death action against the Healthcare Authority. Lawyers from Cunningham Bounds were instrumental in preparing an amicus curiae brief in support of the application for rehearing, gathering support among retired judges, educators, and others for the amicus curiae brief, and filing the amicus brief.
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