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Nonprofit may not be eligible for charitable immunity

Nonprofit may not be eligible for charitable immunity

Nonprofit may not be eligible for charitable immunity

An appellate court in Arkansas has refused to grant charitable immunity to a nonprofit nursing home accused of abusing the charitable form to avoid liability for the death of a resident. The Court has affirmed a trial court decision holding that material issues of fact prevent the grant of a summary judgment. In a series of three cases, the Court of Appeals has reviewed relatively new skepticism of the concept of charitable immunity in the state. Traditionally, charitable immunity was utilized so that entities created and maintained primarily by charitable contributions would not have their assets diminished by having to pay damages to someone injured in their care. But because the doctrine...

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