 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Rice v. Tanner6/23/2005
The appellants in this case are Dorothy Jean Rice, Winston Lee Rice, Jr., Gay Roberts, and Diane Anderson for themselves and as next of kin of Winston Lee Rice, Sr., who is deceased. They appeal the summary judgment of the circuit court which found that their complaint was a nullity due to the expiration of the statute of limitations. The court, accordingly, dismissed their action. Their primary point on appeal is that siblings of the decedent are not heirs at law for purposes of the Wrongful Death Statute. We affirm the circuit court's judgment.
As alleged in the complaint, the circumstances surrounding the death of Winston Lee Rice, Sr., are as follows. At about noon on June 29, 2000, Mr. Rice went to the Cross Ridge Community Hospital, complaining of hip and groin pain. At that hospital, he was seen by Dr. J. Trent Beaton, the emergency-room physician on duty, who discharged Mr. Rice and told him to go to Baptist Memorial Hospital in Forrest City for x-rays. Approximately one hour later, an ultrasound was performed on Mr. Rice at Baptist Memorial that was read by Dr. Vernon I. Smith, who contacted Dr. Sudesh Banaji, as well as another physician who was never a party to this case. Shortly thereafter, Mr. Rice was admitted to Baptist Memorial where Angela McGee and Jennifer Eason were his nurses. Dr. Banaji telephoned the nurses and authorized medications for Mr. Rice that afternoon and early evening, but he did not go to the hospital to examine him. At approximately 8:19 p.m., Mr. Rice collapsed at the hospital. Cardiopulmonary resuscitation failed to revive him, and he was pronounced dead at 9:05 p.m.
On January 16, 2002, the appellants filed suit and asserted the wrongful death of Mr. Rice due to medical malpractice. They sought damages for the loss of consortium; the loss of the pecuniary value of his life; his funeral, medical, and hospital bills; and other damages as may be proved at trial.
Discovery ensued in this matter. Dr. Beaton then moved for summary judgment and argued that in this "action for wrongful death from a medical injury ," the statute of limitations had expired under Ark. Code Ann. § 16-114-203. In support of his motion, Dr. Beaton attached an affidavit from the St. Francis County Probate Clerk; a copy of Appellants' Answers to First Set of Interrogatories Propounded by Defendant, Sudesh Banaji, M.D.; and a copy of Appellants' Response to Request for Documents Propounded by Defendant, Sudesh Banaji, M.D. Within a few weeks, identical motions were filed by the remaining appellants in this case.
The motions with attachments established the following uncontested facts. Winston Lee Rice, Sr., the decedent, had three siblings: a sister, Jeannette Cook, and two brothers, J.C. Rice and W.D. Rice. None of the three siblings was joined as a plaintiff in the case prior to the expiration of the statute of limitations. Moreover, the proof attached to the motions showed that no probate estate was opened for the decedent in St. Francis County. The appellants filed affidavits from the three siblings to their responses to the summary-judgment motions. Those affidavits purported to waive the siblings' financial interest in the medical-malpractice action and were filed on July 14, 2004.
The summary-judgment motions were heard by the circuit court. On September 30, 2004, the judgment of the court was entered. In that judgment, the court found that this case is an action for wrongful death brought pursuant to Ark. Code Ann. § 16-62-102 (Supp. 1999), and an action for medical injury brought pursuant to Ark. Code Ann. §§ 16-114-201 through 209 (1987, Supp. 2003), under which the statute of limitations expired on June 29, 2002. Because no probat
Page 1 2 3 4 5 Arkansas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|