# Davis Nursing Association v. Neal

> Supreme Court of Arkansas · April 11, 2019 · 570 S.W.3d 457

URL: https://www.frixlaw.com/law-library/cases/6110947

## Case

- **Full name:** DAVIS NURSING ASSOCIATION d/b/a Davis Life Care Center v. Gracie NEAL as Personal Representative of Johnny Newborn and on Behalf of the Wrongful Death Beneficiaries of Johnny Newborn
- **Court:** Supreme Court of Arkansas
- **Decided:** April 11, 2019
- **Citations:** 570 S.W.3d 457; 2019 Ark. 91
- **Precedential status:** Published
- **Opinion:** Concurrence by Wood
- **Judges:** Baker, Kemp, Wood
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6110947

## How later opinions describe it (automated extraction)

- discussing charitable immunity, although this general principle of immunity equally applies to sovereign immunity
- discussing charitable immunity, although this general principle of immunity equally applies to statutory immunity

## Opinion text

Rhonda K. Wood, Justice, concurring.
I join the majority because it is a correct statement of current law. However, as the majority points out, charitable immunity is immunity from suit, not simply immunity from liability. Low v. Ins. Co. of N. Am. , 364 Ark. 427 , 220 S.W.3d 670 (2005). Our law inexplicably provides that if there are disputed material facts involving a defendant's charitable immunity status, one must submit those as interrogatories to a jury. Consequently, a substantial portion of the defendant's immunity from suit is lost by this process, regardless of the outcome.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6110947. Public record. Not legal advice.