Clark v. Beverly Enterprises

Eighth Circuit Court of Appeals

Submitted Oct. 14, 1987.

Decided Jan. 12, 1988.

Eighth Circuit Court of Appeals · decided 1988-01-12

Cited by 2 later decisions — most recently April 1991

1 federal appellate ·

2 counsel of record

Relies on Brown v. St. Paul Mercury Insurance

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1988-01-12

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¶1Darrell Brown, Little Rock, Ark., for appellant.

¶2Constance G. Clark, Fayetteville, Ark., for appellee.

¶3Before McMILLIAN, FAGG and BOWMAN, Circuit Judges.

¶4PER CURIAM.

¶5The district court in this diversity case dismissed appellant's cause of action on the *439basis that Arkansas’ two-year statute of limitations applied to all actions based on medical injuries. Appellant had characterized her action as one for wrongful death resulting from medical injuries; wrongful death actions generally have a three-year limitations period.

¶6Two weeks after the district court’s opinion, the Arkansas Supreme Court held that when a medical injury results in death, the longer limitations period set forth in the Arkansas wrongful death statute controls. Brown v. St. Paul Mercury Insurance Co., 292 Ark. 558, 732 S.W.2d 130 (1987). Consequently, we remand the case to the district court for further consideration in light of this decision.