Gholson v. Commonwealth

Appellant, Hazel Sheppard, brought suit against appellees, Immanuel Baptist Church and its Board of Trustees, by which she sought to recover damages for injuries she sustained when she fell in the church. Appellees filed an answer which contained, inter alia, a plea that the church was operated as a religious charitable institution and therefore was immune from liability for tortious actions and also that appellant had been guilty of contributory negligence. The deposition of appellant was taken on discovery, and two affidavits by the minister, Rev. Coers, were filed. A motion of appellees for summary judgment was sustained by the circuit court. We are unable to determine from the judgment whether the motion was sustained on the ground that the church was not liable for tort or whether the facts disclosed on discovery and by affidavit were the bases of a finding that appellant beyond doubt was guilty of such contributory negligence as bars recovery.