Davis Nursing Association D/b/a Davis Life Care Center v. Gracie Neal as Personal Representative of Johnny Newborn…

Summary

The court held that charitable immunity is ultimately a legal question for the circuit court, not the jury, to decide. If disputed factual issues bear on the organization's charitable status, the jury may resolve those facts, after which the court must determine whether they establish immunity. The court reversed and remanded for that procedure, vacating the court of appeals' opinion. Justice Baker, dissenting, would have dismissed for lack of appellate jurisdiction, while Justice Wood, concurring, agreed with the result but criticized the loss of immunity protections caused by jury proceedings.