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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