# Brown v. St. Paul Mercury Insurance

> Supreme Court of Arkansas · February 17, 1992 · 308 Ark. 361

URL: https://www.frixlaw.com/law-library/cases/7824992

## Case

- **Full name:** Glenda BROWN, Sam Brown, Tawana Brown Etue, Teresa Brown, and Troy Brown, Surviving Spouse and Next of Kin of Roy DeWayne Brown v. ST. PAUL MERCURY INSURANCE COMPANY
- **Court:** Supreme Court of Arkansas
- **Decided:** February 17, 1992
- **Citations:** 308 Ark. 361; 823 S.W.2d 908; 1992 Ark. LEXIS 73
- **Precedential status:** Published
- **Opinion:** Concurrence by Glaze
- **Judges:** Brown, Glaze
- **Cited by:** 5 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/7824992

## Opinion text

Tom Glaze, Justice, concurring. Because I have always adhered to the belief that Brown’s death was not a medical injury, I have been of the view that the medical malpractice action statutes are not applicable to this case. For that reason, I join the majority opinion. See Brown v. St. Paul Mercury Ins. Co., 292 Ark. 558, 563 , 732 S.W.2d 130, 133 (1987) (Glaze, J., concurring) (Brown I); see also Bailey v. Rose Care Center, 307 Ark. 14 , 817 S.W.2d 412 (1991).
There may be some who read the majority decision to hold the medical malpractice action statutes, particularly the statutory notice provision [ Ark. Code Ann. § 16-114-204 (1987)], do not apply in a case where a death results from a medical injury. 1 That issue, however, was not fully developed and argued in this appeal.
This present appeal is the third one in this case, and the result reached here is based largely on the law of the case doctrine. As a caveat to those attorneys who might find themselves, one day, involved in a medical malpractice lawsuit where a death ensued from a medical injury, they would be prudent to assume the medical malpractice action statutes still apply. In particular, I suggest following the directives of the notice provisions in § 16-114-204 (1987 and Supp. 1991), at least, until this court or the General Assembly has made it clear those requirements do not apply.
In Brown I, the majority court found Brown’s death was a medical injury but applied the three-year wrongful death action statute of limitations rather than the two-year limitations set out in the medical malpractice statute, Ark. Code Ann. § 16-114-203 (1987). In a later decision, this court decided Brown’s injury did not fall within the definition of a medical injury. Bailey, 307 Ark. 14, 19 , 817 S.W.2d 412, 414 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7824992. Public record. Not legal advice.