Opinion

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

  • 2016 Ark. App. 518
Court
Court of Appeals of Arkansas
Filed
Nov 2, 2016
Status
Published
On the bench
David M. Glover
Cited by
2 cases
Authority
More cited than 50.0%

The 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.

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.