Byrd Theatre Found. v. Barnett

The Byrd Theatre Foundation, a non-profit corporation, owned the Byrd Theatre, a historic landmark that housed a Wurlitzer theater pipe organ installed in 1928. David Barnett was injured when he was performing repairs to the organ and a wooden plank he stepped on gave way, causing him to fall four feet. Barnett sued the Foundation. Prior to trial, the Foundation filed a plea of charitable immunity, asserting that Barnett was a beneficiary of the Foundation at the time of his accident. The circuit court concluded that Barnett was not the Foundation’s beneficiary at the time of his accident. After a trial, the jury rendered a verdict against the Foundation. The Supreme Court affirmed, holding that the circuit court did not err in denying the Foundation’s plea of charitable immunity, as Barnett was not in a “beneficial relationship” with the charity for purposes of charitable immunity. View "Byrd Theatre Found. v. Barnett" on Justia Law