Glass v. Saline County Medical Center

423 S.W.3d 618, 2012 Ark. App. 525, 2012 WL 4476543, 2012 Ark. App. LEXIS 651
CourtCourt of Appeals of Arkansas
DecidedSeptember 26, 2012
DocketNo. CA 12-17
StatusPublished

This text of 423 S.W.3d 618 (Glass v. Saline County Medical Center) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Glass v. Saline County Medical Center, 423 S.W.3d 618, 2012 Ark. App. 525, 2012 WL 4476543, 2012 Ark. App. LEXIS 651 (Ark. Ct. App. 2012).

Opinion

JOHN B. ROBBINS, Judge.

_JjThis is a medical malpractice case. The parties involved in this appeal are appellant Carolyn Glass, administrator of the estate of Bradley A. Beal, and appellee Continental Casualty Insurance Company (Continental), the insurer of Saline County Medical Center (SCMC). Ms. Glass appeals from an amended order of dismissal with prejudice entered by the trial court on November 1, 2011, wherein the trial court denied her motion for default judgment against Continental and granted Continental’s motion for summary judgment on the grounds that, as to Continental, the action was barred by the applicable two-year statute of limitations. See Ark. Code Ann. § 16-114-208 (Repl.2006).

On appeal, Ms. Glass argues that her motion for default judgment was erroneously denied because the trial court erred in concluding that SCMC’s timely answer to her amended |2compIaint inured to the benefit of Continental, the defaulting party. Alternatively, Ms. Glass challenges the summary judgment granted to Continental, contending that although her amended complaint naming Continental as a defendant was filed more than two years after the cause of action accrued, the relation-back provisions of Ark. R. Civ. P. 15(c) defeated Continental’s limitations defense. We affirm.

This litigation was initiated on August 2, 2010, when Ms. Glass filed a medical malpractice action against SCMC alleging that SCMC’s ambulance service negligently caused the death of Mr. Beal, who died on January 1, 2009. Continental was not named as a defendant in the original complaint. SCMC filed a timely answer on August 23, 2010, denying the allegations in the complaint and asserting affirmative defenses that included charitable immunity and the statute of limitations.

On February 25, 2011, SCMC filed a motion for summary judgment based on charitable immunity. Ms. Glass filed a response to SCMC’s summary-judgment motion on March 8, 2011, asking for more time to investigate SCMC’s status before the trial court ruled on the motion. On March 10, 2011, Ms. Glass filed an amended and substituted complaint adding Continental as a defendant. SCMC timely answered the amended complaint on March 29, 2011, again denying the allegations and raising affirmative defenses that included charitable immunity and the statute of limitations.

On May 25, 2011, Ms. Glass filed a motion for default judgment against Continental on the grounds that Continental was served with the amended complaint but failed to file an answer within thirty days as required by Ark. R. Civ. P. 12(a)(1). On May 26, 2011, ^Continental responded to the motion for default judgment, arguing that the March 29, 2011, answer filed by its codefendant SCMC inured to Continental’s benefit. Also on May 26, 2011, Continental filed an answer to the amended complaint, asserting the statute of limitations as a bar to Ms. Glass’s claims against it.

On June 24, 2011, Continental filed a motion for summary judgment based on the statute of limitations having expired two months before the amended complaint was filed. Ms. Glass responded to Continental’s summary-judgment motion on August 1, 2011, arguing that her claim against Continental was not time-barred because her amended complaint related back to the filing of her original complaint pursuant to Rule 15(c).

Ms. Glass also filed a motion to strike Continental’s answer and for default judgment on July 27, 2011. Continental responded to that motion on August 9, 2011, again arguing that default was improper because SCMC’s answer to the amended complaint inured to its benefit. Continental asserted that SCMC had generally and specifically denied all of Ms. Glass’s claims and raised affirmative defenses, all to the benefit of Continental under the common-defense doctrine.

A hearing was held on the pending motions on August 19, 2011. At the hearing Ms. Glass conceded that SCMC is a charitable organization immune from suit. However, Ms. Glass continued to argue for a default judgment against Continental, asserting that the defense of the statute of limitations was not common to both defendants (being that it was not available to SCMC), and that SCMC’s answer to the amended complaint did not inure to the benefit of Continental. Ms. Glass also resisted Continental’s summary-judgment motion, | ¿again relying on the provisions of Rule 15(c) and asserting that her claims against Continental were not time-barred.

On September 28, 2011, the trial court granted SCMC’s summary-judgment motion based upon charitable immunity and entered an order dismissing the claims against SCMC with prejudice.1 On September 27, 2011, the trial court entered an order of dismissal with prejudice in favor of Continental, wherein the trial court (1) denied Ms. Glass’s motion for default judgment, (2) denied Ms. Glass’s motion to strike answer and for default judgment, and (3) granted Continental’s motion for summary judgment. The trial court entered an amended order of dismissal with prejudice in favor of Continental on November 1, 2011, making the same rulings contained in the original order. In the amended order, the trial court specifically found that under the common-defense doctrine Continental was not in default, and that Continental was entitled to summary judgment because the statute of limitations had expired.

Ms. Glass’s first argument on appeal from the November 1, 2011, amended order of dismissal is directed toward the trial court’s denial of her motion for default judgment against Continental. Ms. Glass contends that the trial court erred in finding that SCMC’s answer to her amended complaint inured to the benefit of Continental under the common-defense doctrine, and that because Continental failed to file a timely answer a default judgment should have been entered.

| ¡^Arkansas has long recognized the common-defense doctrine, which provides that the answer of one defendant inures to the benefit of the other codefendants. Davenport v. Lee, 348 Ark. 148, 72 S.W.3d 85 (2002). The test for determining whether the common-defense doctrine applies is whether the answer of the nonde-faulting defendant states a defense that is common to both defendants, because then a successful plea operates as a discharge to all the defendants, but it is otherwise where the plea goes to the personal discharge of the party interposing it. Richardson v. Rodgers, 334 Ark. 606, 976 S.W.2d 941 (1998). In other words, the doctrine is applicable where the asserted defense would discharge all of the defendants. Davenport, supra.

In the present case, SCMC’s timely answer to the amended complaint raised the statute of limitations as one of its affirmative defenses. However, Ms. Glass notes that no facts were pled to support the defense, and asserts that because the original complaint naming SCMC as a defendant was brought within two years, the statute of limitations defense was not available to SCMC and it could not have prevailed on that issue. Ms. Glass submits that the statute of limitations defense goes solely to the personal discharge of Continental, and not SCMC. Because this defense was personal to Continental and not common to both defendants, Ms. Glass argues that the common-defense doctrine is inapplicable.

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Bluebook (online)
423 S.W.3d 618, 2012 Ark. App. 525, 2012 WL 4476543, 2012 Ark. App. LEXIS 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glass-v-saline-county-medical-center-arkctapp-2012.