Forsyth Memorial Hospital v. Chisholm

Shirley Chisholm (defendant) separated from her husband Melvin in 1990 but admitted him to Forsyth Memorial Hospital (plaintiff) in 1992, where he received necessary care until his death two weeks later. When the Hospital sued Ms. Chisholm to recover roughly $45,000 in unpaid bills under the common-law necessaries doctrine, she argued the couple's separation excused her from liability; the trial court granted her summary judgment, and the court of appeals affirmed, applying the separation exception even though the Hospital had no way of knowing the couple was separated.