Louise Clark, as Personal Representative on Behalf of Roger Clark, Deceased, and in Her Individual Capacity v. Beverly Enterprises

U.S. Court of Appeals for the Eighth Circuit
Louise Clark, as Personal Representative on Behalf of Roger Clark, Deceased, and in Her Individual Capacity v. Beverly Enterprises, 836 F.2d 438 (8th Cir. 1988)
1988 U.S. App. LEXIS 19533; 1988 WL 891

Louise Clark, as Personal Representative on Behalf of Roger Clark, Deceased, and in Her Individual Capacity v. Beverly Enterprises

Opinion

PER CURIAM.

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.

Reference

Full Case Name
Louise CLARK, as Personal Representative on Behalf of Roger Clark, Deceased, and in Her Individual Capacity, Appellant, v. BEVERLY ENTERPRISES, Appellee
Cited By
1 case
Status
Published