The Catholic times. [volume] (Columbus, Ohio) 1951-current, 1960-02-12
BY j. j. HolIern, Sec.
Ohio Catholic Welfare
Conference

The Ohio Supreme
Court decided two cases
on January II, affecting
churches and charitable
groups.
III GIRBoN VS.. YWcA
The question actually
before the Supreme Court
was Can a religious
and charitable organiza-
ton be held liable on a
tort action on the theory of
Responded Superior"
Although the seven SUI
preme Court Justices voted
unanimously to overrule the
Court of Appeals in favor of
charitable institutions, exclud-
ing hospitals, three Supreme
Court Justices-Bell, Matthias
and Zimmerman concurred
solely ION the grounds that
the petition does not allege
sufficient facts to constitute
q cause of action The Ma
jority Opinion was written by
Justice Herbert and concurred
In by Justices Peck, Taft and
Weygant.
The final decision OF The
Supreme Court actually 4 TO
81 held that the reasons for
holding non-profif hospitals
liable TO paying patients for
negligence of their employees
are inapplieable 70 charitable
institutions generally. The
court adhered to its previous
decision that held that a char.
liable institution other than
q non-profit corporation oPer.
atins a hospital, is not liable
for the negligence of its EN-.
pIoyees, except ~ when the
person injured is not a bene-
ficiary OF The institution and
az when a beneficiary of the
institution is injured as q re-
suit of failure of the institu.
ZION 70 exercise due care in
fhe selection or retention of
an employee.
The case got its inception
on April Is, 1857, when Jane
Ann Gibbon paid a 35c admis-
sion fee to enter the YWCA
swimming pool in Hamilton,
Ohio. The swimming pool was
under the supervision OF a
life guard and after having
been immersed in the water,
Jane Ann Gibbon died within
minutes thereafter,
The petition alleged that
"The immersion, suffocatlon
and death by drowning of the
decedent was due directly and
proximately to the negligence
OF. the YWCA.
The YWCA pleaded that it
was a religious and charitable
institution and therefore was
not liable under the law. The
-Comman Pleas Court ruled In
favor of the YWCA.
THE COURT OF APPEALS
reversed the decision of the
Court of Common Pleas and
in reversing that judgment
based its decision on the case
of Ayellone VS.. ST. Johns
Hospital. Prior to the Avel-
lone case, all charitable in
stitutions including hospitals,
were held immune from suits
for negligence of employees,
except where the person in
.iured was not a beneficiary
of the institution or where In
jury to a beneficiary was the
of the institutions fail
ure to exercise due care in the
! selection or retention of its
! employees. The Avellone case
held that a corporation not
for profit operating a hospital
is liable under the doctrine OF
resondeat superior for the
forts of a servant. The Court
of Appeals in ~overruling the
Common Pleas Court said;
"We fail to see any legal dis.
tinction between such a cor
corporation and a corporation
not for profit having the pur.
poses of a YWCA.
Justice Herbert of the Su.
pfeme Court in writing the
majority Opinion posed the
question at the beginning OF
his syllabus What is the pres.
ent rule of public policy III
Ohio with reference to re.
spOndeat superior tort liability
. or non-liability of a religious
and charitable institution.
mot a hospital in an action by
q patron of such institutions
facilities?"
The Chief Justice pointed
! out that last year Sub. S.B
! PAL was passed in the Senate
by a vote of 29-1 and in the
House by a vote of 1882
which in essence exempted
non-profit corporations organ
lied exclusively for religious.
charitable, educational or hos
pital purposes from liability
by reason of acts of its serv
ants or agents unless such
injuries or death was caused
by gross negligence.
THE GOVERNOR VEToEr