Louise Clark, as Pers. Rep. on Behalf of Roger Clark, Deceased, & in Her Individual Capacity v. Beverly Enter., 836 F.2d 438 (8th Cir. 1988). · Go Syfert
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Louise Clark, as Pers. Rep. on Behalf of Roger Clark, Deceased, & in Her Individual Capacity v. Beverly Enter., 836 F.2d 438 (8th Cir. 1988). Cases Citing This Book View Copy Cite
1 citation event across 1 distinct court.
Strongest positive: Burrows v. Turner Memorial Hospital, Inc. (arwd, 1991-04-24)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited as authority (rule) Burrows v. Turner Memorial Hospital, Inc.
W.D. Ark. · 1991 · confidence medium
Paul Mercury Insurance Co., 292 Ark. 558, 560, 562-63 , 732 S.W.2d 130 (1987), see also Clark v. Beverly Enterprises, 836 F.2d 438, 439 (8th Cir.1988) (per curiam), and therefore the plaintiff has until October, 1991, to refile the action in state court, see Burkett v. PPG Industries, Inc., 294 Ark. 50, 55 , 740 S.W.2d 621 (1987), it is ORDERED that the case be, and it is hereby, dismissed without prejudice.
Retrieving the full opinion text from the archive…
Louise CLARK, as Personal Representative on Behalf of Roger Clark, Deceased, and in Her Individual Capacity, Appellant,
v.
BEVERLY ENTERPRISES, Appellee
87-1858.
Court of Appeals for the Eighth Circuit.
Jan 12, 1988.
836 F.2d 438
1988 U.S. App. LEXIS 19533
1988 WL 891
Darrell Brown, Little Rock, Ark., for appellant., Constance G. Clark, Fayetteville, Ark., for appellee.
McMillian, Fagg, Bowman.
Cited by 1 opinion  |  Published
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.