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Estate of Mrs. George Howard, Jr. v. Dr. John Harris
Date: 09-11-2024
Case Number: 35CV-21-588
Judge: Robert Bynum Gibson, Jr.
Court: Circuit Court, Jefferson County, Arkansas
Plaintiff's Attorney:
Click Here For The Best Pine Bluff Personal Injury Lawyer Directory
Defendant's Attorney: Gary D. Marts, Jr. and Scott D. Provencher
Description:
Risie Howard, administratrix for the estate of Mrs. George Howard, Jr. ("Estate"), appeals from an order of the Jefferson County Circuit Court dismissing with prejudice Estate's wrongful-death action against Howard's primary-care physician, Dr. John Harris. The issues on appeal are whether Estate properly effected service, whether identical claims were pending in two state courts, and whether dismissal of the claim with prejudice was proper. We previously remanded the matter to the circuit court to cure deficiencies in the record that prevented this court's ability to fully address all the issues presented on appeal. The record has now been satisfactorily supplemented. We hold that service of process was insufficient, and the two-year statute of limitations applicable to medical-malpractice actions had expired.
Pine Buff, Arkansas personal injury medical malpractice lawyer represented the Plaintiff.
Risie Howard, administratrix for the estate of Mrs. George Howard, Jr. ("Estate"), appeals from an order of the Jefferson County Circuit Court dismissing with prejudice Estate's wrongful-death action against Howard's primary-care physician, Dr. John Harris. The issues on appeal are whether Estate properly effected service, whether identical claims were pending in two state courts, and whether dismissal of the claim with prejudice was proper. We previously remanded the matter to the circuit court to cure deficiencies in the record that prevented this court's ability to fully address all the issues presented on appeal. The record has now been satisfactorily supplemented. We hold that service of process was insufficient, and the two-year statute of limitations applicable to medical-malpractice actions had expired.
Outcome:
Affirmed.
Estate of Howard v. Harris, 2024 Ark.App. 420, CV-22-605 (Ark. App. Sep 11, 2024)
Estate of Howard v. Harris, 2024 Ark.App. 420, CV-22-605 (Ark. App. Sep 11, 2024)
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Defendant's Experts:
Comments:
About This Case
What was the outcome of Estate of Mrs. George Howard, Jr. v. Dr. John Harris?
The outcome was: Affirmed. Estate of Howard v. Harris, 2024 Ark.App. 420, CV-22-605 (Ark. App. Sep 11, 2024)
Which court heard Estate of Mrs. George Howard, Jr. v. Dr. John Harris?
This case was heard in Circuit Court, Jefferson County, Arkansas, AR. The presiding judge was Robert Bynum Gibson, Jr..
Who were the attorneys in Estate of Mrs. George Howard, Jr. v. Dr. John Harris?
Plaintiff's attorney: Click Here For The Best Pine Bluff Personal Injury Lawyer Directory. Defendant's attorney: Gary D. Marts, Jr. and Scott D. Provencher.
When was Estate of Mrs. George Howard, Jr. v. Dr. John Harris decided?
This case was decided on September 11, 2024.