Justia Arkansas Supreme Court Opinion Summaries

This petition for writ of certiorari arose out of two pending nursing home malpractice cases alleging abuse and neglect at Bryant Healthcare Center (Bryant). The plaintiffs below served a subpoena on the Arkansas Foundation for Medical Care (AFMC) that demanded the production of all emails between the Arkansas Innovative Performance Program (AIPP) personnel and Bryant administrators. Petitioners, Bryant, AFMC, and others, filed a motion to quash, arguing the information was privileged and federally protected. The circuit court denied the motion to quash. The instant petition for writ of certiorari was then filed with the Supreme Court. The Court denied the petition because the order at issue was a mere discovery order in which an alleged discovery violation occurred and because an appeal would provide an adequate remedy. View "Ark. Found. for Med. Care v. Circuit Court " on Justia Law

Petitioners, individually and on behalf of Coalition to Preserve Arkansas Values (CPAV), brought this original action requesting the Supreme Court to review the legal sufficiency of the popular name and ballot title of the Arkansas Medical Marijuana Act. CPAV requested the Court to declare the popular name and ballot legally insufficient and hold that, if enacted, the Act would conflict with the state and federal constitutions and would violate state and federal law. CPAV further asked the Court to remove the Act from the November 6, 2012 ballot. The Supreme Court denied the petition, holding that the Act's popular name and ballot title were legally sufficient, and therefore, the Act was proper for the inclusion on the ballot at the general election on November 6, 2012. View "Cox v. Martin" on Justia Law

Appellants, several individuals and the administratrix of the estate of Arvilla Langston, filed a medical-malpractice action against Appellees, Sparks Regional Medical Center (SRMC) and Sparks Medical Foundation, alleging that Langston died as the result of SRMC's alleged failure to properly care for, diagnose, and treat Langston. Appellees filed an amended answer, and the circuit court dismissed the case on the grounds of charitable immunity. The Supreme Court reversed, holding that the circuit court erred in failing to strike the amended answer. On remand, the circuit court granted summary judgment to Appellees. Appellants subsequently filed an amended complaint attempting to raise a pre-death claim not pled in the initial complaint. Appellants filed a motion for reconsideration and new trial. The circuit court denied Appellants' motion for reconsideration and new trial and granted SRMC's motion to strike Appellants' amended complaint. The Supreme Court affirmed the circuit court's ruling, holding (1) the circuit court did not err in granting summary judgment; (2) Appellants' failed to preserve for appeal their argument that the circuit court erred in failing to rule on a loss-of-chance theory of recovery; and (3) the circuit court did not manifestly abuse its discretion in striking Appellants' amended complaint. View "Neal v. Sparks Reg'l Med. Ctr." on Justia Law

In this nursing-home, abuse-and-neglect complaint, Appellants, the licensee of the nursing home where Richard Hatchett was a resident, its management company, and the owner of both entities were sued for wrongful death, negligence, and breach of fiduciary and confidential duty. The complaint averred that the actions or inactions of Appellants caused Hatchett's death. Appellants filed timely answers, but the circuit court struck part of Appellants' answers as a sanction for discovery violations. The Supreme Court affirmed, holding that the circuit court did not abuse its discretion in striking part of the answer, as (1) Appellants' failure to comply with discovery requests and orders was sufficient to impose discovery sanctions; and (2) the scope of the sanctions was appropriate. View "Lake Village Healthcare Ctr., LLC v. Hatchett" on Justia Law

Donnell Richard filed a complaint in the federal district court in Texas against Union Pacific alleging that, during the course and scope of his employment, he suffered physical injuries because of Union Pacific's negligence. Richard then filed a notice of nonsuit without prejudice, which the district court granted. Richard refiled his cause of action in the circuit court. Union Pacific moved to dismiss Richard's complaint. After finding that Richard's summons and service of summons was defective, the circuit court dismissed the case with prejudice, holding that in light of Richard's prior voluntary dismissal of his suit in Texas, the case should be dismissed with prejudice under Ark. R. Civ. P. 41 because the parties did not enter into a joint agreement regarding dismissal of the first complaint. The Supreme Court reversed the order of dismissal with prejudice, holding that the circuit court erred in its interpretation and application of the two-dismissal rule in Rule 41 to the facts of this case. Remanded. View "Richard v. Union Pac. R.R. Co." on Justia Law

Appellants, Little Rock Healthcare (LRHC), a nursing care facility; Donald Bedell, the sole member of the governing body for LRHC; and Heartland Personnel Leasing, appealed from a judgment in favor of Appellee Brenda Williams, as personal representative of the Estate of Minnie Valentine, who died after being discharged from LRHC. The Supreme Court reversed, dismissing Bedell and remanding for a new trial as to LRHC and Heartland, holding (1) the circuit court erred by denying Bedell's directed-verdict motion and judgment notwithstanding the verdict as Bedell owed no personal duty to Valentine; and (2) the circuit court erred in excluding Valentine's post discharge medical evidence, which error was prejudicial and warranted a new trial. View "Bedell v. Williams" on Justia Law

Appellants, Theresa and Eddie Paulino, filed an action against Appellees, QHG of Springdale and NorthWest Arkansas Hospitals (collectively, NMC), for negligent credentialing and negligent retention after three surgeries left Mrs. Paulino unable to walk. The circuit court granted summary judgment in favor of NMC, concluding that, inter alia, the Medical Malpractice Act did not confer a cause of action for negligent credentialing, nor did a cause of action for negligent credentialing exist in Arkansas. The Supreme Court affirmed, holding that the circuit court did not err in determining that (1) the Medical Malpractice Act did not confer a cause of action for negligent credentialing; (2) there did not exist nor was it necessary to create a tort for negligent credentialing; and (3) because the nurse that monitored the surgeries was the employee of an independent contractor, NMC could not be held liable for negligent hiring, supervision, or retention of the nurse.

Civitan Center, Inc. brought a declaratory judgment action against the Division of Developmental Disabilities Services of the Arkansas Department of Human Services (DDS). Civitan, a corporation licensed by DDS to operate an adult developmental center, requested a declaratory judgment stating that DDS could not lawfully license a new provider in the county Civitan was servicing pursuant to a proposed policy authorizing DDS to initiate the expansion of the number of service providers in a specific county until the policy was properly promulgated. The circuit court entered an order granting summary judgment in favor of Civitan, ruling that DDS failed to comply with its own procedures and state law, that DDS denied Civitan due process, and that Civitan was denied a hearing in violation of the Administrative Procedure Act. The Supreme Court reversed, holding (1) because Civitan failed to present a justiciable controversy, declaratory judgment in Civitan's favor was not proper, and (2) therefore, the circuit court erred in granting Civitan's motion for summary judgment.

The Arkansas Health Services Permit Commission awarded Hospitality Care Center a permit of approval (POA) for a nursing facility. Gracewood Nursing and Rehabilitation Center subsequently requested approval from the Commission to transfer the POA to it from Hospitality. Twin Rivers Health and Rehab opposed the transfer. The Commission ultimately granted the transfer of the POA. Twin Rivers sought judicial review of the Commission's decision and declaratory relief, naming as defendants the Commission, the Arkansas Health Services Permit Agnecy (AHSPA), Gracewood, and Hospitality. The circuit court granted the summary judgment motion of the Commission and the AHSPA and affirmed the Commission's decision. The Supreme Court (1) reversed and remanded the matter with directions to enter findings of fact and conclusions of law because the Commission did not set forth any findings of fact or conclusions of law to support its decision to grant the transfer of the POA; and (2) dismissed without prejudice that portion of the appeal relating to Twin Rivers's request for summary judgment, as the Court does not hear appeals piecemeal.

Brett Nelson entered into contracts with the Arkansas Rural Medical Practice Student Loan and Scholarship Board and the rural community Forrest City pursuant to the state's community-match program that loaned Nelson money for his medical schooling and obliged him to practice medicine full time in Forrest City for four years upon the completion of his residency. Nelson began serving his four-year commitment in Forrest City, but when the hospital he was employed with did not renew his employment contract the next year, Nelson left Forest City to practice medicine in another state. The Board filed a complaint against Nelson for breach of contract and, alternatively, unjust enrichment. Nelson answered, asserting several affirmative defenses and making several counterclaims. The circuit court granted the Board's motion for summary judgment and entered judgment against Nelson in the amount of $133,152. The Supreme Court (1) reversed the grant of summary judgment to the Board on its breach of contract claim because questions of fact remained as to Nelson's counterclaims and defenses; and (2) otherwise affirmed. Remanded.