Progressive Eldercare Svcs.-Bryant, Inc. v. Price

2016 Ark. App. 528

• Court: Court of Appeals of Arkansas
• Decided: November 2, 2016
• Docket: CV-16-161
• Status: Published

Opinion

Cite as 2016 Ark. App. 528

ARKANSAS COURT OF APPEALS DIVISIONS II & III No. CV-16-161

PROGRESSIVE ELDERCARE SERVICES- Opinion Delivered November 2, 2016 BRYANT, INC. d/b/a SOUTHERN TRACE REHABILITATION AND CARE CENTER APPEAL FROM THE SALINE COUNTY APPELLANT CIRCUIT COURT [NO. 63-CV-13-479-2] V. HONORABLE GARY ARNOLD, WILDA PRICE, AS PERSONAL JUDGE REPRESENTATIVE OF THE ESTATE OF DOVIE PRICE AFFIRMED APPELLEE

LARRY D. VAUGHT, Judge

Appellant Progressive Eldercare Services—Bryant, Inc., d/b/a/ Southern Trace

Rehabilitation and Care Center (Progressive) sought summary judgment from the Saline

County Circuit Court, claiming charitable immunity as a matter of law. Appellee Wilda Price,

as the personal representative of the estate of Dovie Price, resisted the motion, claiming that

Progressive not only was not entitled to charitable immunity, but it also was abusing the

charitable form to avoid liability. The trial court denied summary judgment. On interlocutory

appeal, Progressive argues that it is entitled to judgment as a matter of law on its defense of

charitable immunity. For the reasons stated in Progressive Eldercare Services-Saline, Inc. v. Cauffiel,

2016 Ark. App. ___, handed down this same day, we affirm.

Affirmed.

GRUBER, HIXSON, and BROWN, JJ., agree.

HARRISON and GLOVER, JJ., concur. Cite as 2016 Ark. App. 528

BRANDON J. HARRISON, Judge, concurring. I concur for the same reasons

expressed in my concurrence in Progressive Eldercare Services-Saline, Inc. v. Cauffiel, 2016

Ark. App. 523, ___ S.W.3d. ___, handed down today.

DAVID M. GLOVER, Judge, concurring. I concur for the same reasons

expressed in my concurrence in Progressive Eldercare Services-Saline, Inc. v. Cauffiel, 2016

Ark. App. 523, ___ S.W.3d ___, handed down today.

Kutak Rock LLP, by: Mark W. Dossett and Jeff Fletcher, for appellant.

Reddick Moss, PLLC, by: Brian D. Reddick, Robert W. Francis, and Matthew D. Swindle,

for appellee.