Louise Clark, as Personal Representative on Behalf of Roger Clark, Deceased, and in Her Individual Capacity v. Beverly Enterprises

Eighth Circuit

Louise Clark, as Personal Representative on Behalf of Roger Clark, Deceased, and in Her Individual Capacity v. Beverly Enterprises

836 F.2d 438, 1988 U.S. App. LEXIS 19533, 1988 WL 891

Court of Appeals for the Eighth Circuit·Decided January 12, 1988·No. 87-1858·Published·Cited by 1 cases

Opinion

PER CURIAM.

The district court in this diversity case dismissed appellant's cause of action on the *439 basis that Arkansas’ two-year statute of limitations applied to all actions based on medical injuries. Appellant had characterized her action as one for wrongful death resulting from medical injuries; wrongful death actions generally have a three-year limitations period.

Two weeks after the district court’s opinion, the Arkansas Supreme Court held that when a medical injury results in death, the longer limitations period set forth in the Arkansas wrongful death statute controls. Brown v. St. Paul Mercury Insurance Co., 292 Ark. 558, 732 S.W.2d 130 (1987). Consequently, we remand the case to the district court for further consideration in light of this decision.

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PER CURIAM.

The district court in this diversity case dismissed appellant's cause of action on the *439 basis that Arkansas’ two-year statute of limitations applied to all actions based on medical injuries. Appellant had characterized her action as one for wrongful death resulting from medical injuries; wrongful death actions generally have a three-year limitations period.

Two weeks after the district court’s opinion, the Arkansas Supreme Court held that when a medical injury results in death, the longer limitations period set forth in the Arkansas wrongful death statute controls. Brown v. St. Paul Mercury Insurance Co., 292 Ark. 558, 732 S.W.2d 130 (1987). Consequently, we remand the case to the district court for further consideration in light of this decision.

Louise Clark, as Personal Representative on Behalf of Roger Clark, Deceased, and in Her Individual Capacity v. Beverly Enterprises, 836 F.2d 438, 1988 U.S. App. LEXIS 19533, 1988 WL 891 (8th Cir. 1988).

Pincite

836 F.2d 438 (Louise Clark, as Personal Representative on Behalf of Roger Clark, Deceased, and in Her Individual Capacity v. Beverly Enterprises) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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