Howle v. Camp Amon Carter

Texas Supreme Court

Howle v. Camp Amon Carter

470 S.W.2d 629, 14 Tex. Sup. Ct. J. 445, 1971 Tex. LEXIS 244

CourtTexas Supreme Court

DecidedJuly 7, 1971

DocketB-2613

StatusPublished

Cited by24 cases

This text of 470 S.W.2d 629 (Howle v. Camp Amon Carter) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Howle v. Camp Amon Carter, 470 S.W.2d 629, 14 Tex. Sup. Ct. J. 445, 1971 Tex. LEXIS 244 (Tex. 1971).

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WALKER, Justice.

The defense urged in this case is charitable immunity, which has heretofore been recognized to a limited extent in Texas as an exception to the rule of respondeat superior. See Watkins v. Southcrest Baptist Church, Tex., 399 S.W.2d 530. We hold that, with respect to causes of action arising from events occurring after the motion for rehearing in Watkins was overruled, a charitable enterprise is subject to vicarious liability under the rule of respondeat superior applicable to business organizations operated for profit.

While attending Camp Amon Carter, an establishment operated by the Young Men’s Christian Association of Fort Worth, Johnny Howie was struck in the eye by a sinker or hook attached to a fishing line cast by a fellow camper, Gary Post. As a result of this accident, which occurred in 1967, Johnny lost the sight of one eye. Suit was brought by John W. Howie, individually and as next friend for Johnny, against Gary Post, Camp Amon Carter, and the Y.M.C.A. It was alleged, among other things, that the injuries and damage sustained by Johnny were proximately caused by the negligence of camp employees in failing to supervise Gary properly and prevent his casting in the area where he was casting. After severing the cause of action asserted against Gary, the trial court sustained the motion for summary judgment of Camp Amon Carter and the Y.M.C.A. on the ground of charitable immunity. The Court of Civil Appeals affirmed. 462 S.W.2d 624.

The several opinions in Watkins gave ample notice that the doctrine of charitable immunity would be reconsidered and might well be abrogated. It is now completely abrogated with respect to causes of action arising from events occurring after the motion for rehearing in Watkins was overruled on March 9, 1966.

The judgments of the courts below are reversed, and the cause is remanded to the district court.

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WALKER, Justice.

The defense urged in this case is charitable immunity, which has heretofore been recognized to a limited extent in Texas as an exception to the rule of respondeat superior. See Watkins v. Southcrest Baptist Church, Tex., 399 S.W.2d 530. We hold that, with respect to causes of action arising from events occurring after the motion for rehearing in Watkins was overruled, a charitable enterprise is subject to vicarious liability under the rule of respondeat superior applicable to business organizations operated for profit.

While attending Camp Amon Carter, an establishment operated by the Young Men’s Christian Association of Fort Worth, Johnny Howie was struck in the eye by a sinker or hook attached to a fishing line cast by a fellow camper, Gary Post. As a result of this accident, which occurred in 1967, Johnny lost the sight of one eye. Suit was brought by John W. Howie, individually and as next friend for Johnny, against Gary Post, Camp Amon Carter, and the Y.M.C.A. It was alleged, among other things, that the injuries and damage sustained by Johnny were proximately caused by the negligence of camp employees in failing to supervise Gary properly and prevent his casting in the area where he was casting. After severing the cause of action asserted against Gary, the trial court sustained the motion for summary judgment of Camp Amon Carter and the Y.M.C.A. on the ground of charitable immunity. The Court of Civil Appeals affirmed. 462 S.W.2d 624.

The several opinions in Watkins gave ample notice that the doctrine of charitable immunity would be reconsidered and might well be abrogated. It is now completely abrogated with respect to causes of action arising from events occurring after the motion for rehearing in Watkins was overruled on March 9, 1966.

The judgments of the courts below are reversed, and the cause is remanded to the district court.

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470 S.W.2d 629, 14 Tex. Sup. Ct. J. 445, 1971 Tex. LEXIS 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howle-v-camp-amon-carter-tex-1971.

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