Progressive Eldercare Svcs.-Saline, Inc. v. Garrett

2016 Ark. App. 518

• Court: Court of Appeals of Arkansas
• Decided: November 2, 2016
• Docket: CV-15-773
• Status: Published

Opinion

Cite as 2016 Ark. App. 518

ARKANSAS COURT OF APPEALS DIVISIONS II & III No. CV-15-773

PROGRESSIVE ELDERCARE Opinion Delivered NOVEMBER 2, 2016 SERVICES-SALINE, INC., d/b/a HEARTLAND REHABILITATION AND APPEAL FROM THE SALINE COUNTY CARE CENTER, PROGRESSIVE CIRCUIT COURT ELDERCARE SERVICES, INC.; [NO. 63-CV-13-354-3] PROCARE THERAPY SERVICES, LLC; HONORABLE GRISHAM PHILLIPS, JEJ INVESTMENTS, LLC; PONTHIE JUDGE HOLDINGS, LLC; SOUTHERN ADMINISTRATIVE SERVICES, LLC; AFFIRMED CAREPLUS STAFFING SERVICES, LLC; JOHN PONTHIE; ROSS PONTHIE; MARK THOMPSON; AND EARNEST JOHNSON IN HIS CAPACITY AS ADMINISTRATOR OF HEARTLAND REHABILITATION AND CARE CENTER APPELLANTS

V.

KEVIN GARRETT AS ATTORNEY-IN- FACT FOR LOTTIE WHITE

APPELLEE

DAVID M. GLOVER, Judge

Progressive Eldercare Services—Saline, Inc., d/b/a Heartland Rehabilitation and Care

Center (“Heartland”) appeals the Saline County Circuit Court’s denial of summary judgment

that it is charitably immune to suit as a matter of law. In this interlocutory appeal, Heartland

contends it is entitled to summary judgment as a matter of law based on the doctrine of

charitable immunity and that appellee Kevin Garrett, as attorney-in-fact his mother, Lottie Cite as 2016 Ark. App. 518

White, failed to rebut its entitlement to charitable immunity. For the reasons stated in

Progressive Eldercare Services-Saline, Inc. v. Cauffiel, 2016 Ark. App. 523, ___ S.W.3d ___,

handed down today, we affirm.

Affirmed.

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

HARRISON, J., concurs.

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.

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.