Louise Clark, as Personal Representative on Behalf of Roger Clark, Deceased, and in Her Individual Capacity v. Beverly Enterprises
This text of 836 F.2d 438 (Louise Clark, as Personal Representative on Behalf of Roger Clark, Deceased, and in Her Individual Capacity v. Beverly Enterprises) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
836 F.2d 438, 1988 U.S. App. LEXIS 19533, 1988 WL 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louise-clark-as-personal-representative-on-behalf-of-roger-clark-ca8-1988.