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Wooley v. Planter's Cotton Oil Mill6/1/2005
the death.
Brown, ___ Ark. at ___, ___ S.W.3d at___ (slip opinion at 8).
Wooley argues that Justice Hannah's concurrence in Brown suggesting that it was time to re-examine the case law holding that a wrongful-death action is derivative of the decedent's action for the injuries causing death should be followed. However, we are obliged to follow the majority opinion in Brown as it is the current statement of the law. See, e.g., ALCOA v. Carlisle, 67 Ark. App. 61, 992 S.W.2d 172 (1999); Davis v. State, 60 Ark. App. 179, 962 S.W.2d 815 (1998).
As to Planters or Cotton Handlers, after entry of summary judgment in their favor, Wooley admitted that she did not attempt to serve either the amended complaint or the revivor motion on those parties. Therefore, the action abated as to those parties and there is no summary judgment for this court to review. See Higgerson, supra.
Affirmed.
Pittman, C.J., and Crabtree, J., agree.
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