# Brown v. St. Paul Mercury Insurance

> Supreme Court of Arkansas · July 6, 1987 · 292 Ark. 558

URL: https://www.frixlaw.com/law-library/cases/9676557

## 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, Deceased v. ST. PAUL MERCURY INSURANCE CO.
- **Court:** Supreme Court of Arkansas
- **Decided:** July 6, 1987
- **Citations:** 292 Ark. 558; 732 S.W.2d 130; 1987 Ark. LEXIS 2191
- **Precedential status:** Published
- **Opinion:** Concurrence by Purtle
- **Judges:** Holt, Hickman, Purtle, Glaze
- **Cited by:** 13 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled in part by Bailey v. Rose Care Center, 307 Ark. 14 (1991).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9676557

## Opinion text

John I. Purtle, Justice, concurring. I concur with the result reached in the majority opinion. However, let the record reflect that I do not agree that the injury in this case was a medical malpractice injury. The injury and death were no more a consequence arising out of professional service than they would have been if the doctor had driven up to the institution and injured the patient by running over him with his automobile. Clearly, the cause of action in the present case did not arise during the “course of professional services.”
Hickman, J., joins.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9676557. Public record. Not legal advice.