Davis Nursing Association D/b/a Davis Life Care Center v. Gracie Neal as Personal Representative of — Baker, J…

Summary

Justice Baker's dissent would dismiss the appeal because the order denying charitable immunity was neither final nor properly certified under Rule 54(b). She reasoned that the order did not satisfy either branch of Rule 2(a)(2): it neither prevented a later appeal from a final judgment nor discontinued the action. Justice Wood, concurring, joined the majority under current law but criticized the loss of charitable immunity protection caused by submitting disputed immunity-status facts to a jury.