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WHITNEY v. HOLLAND RETIREMENT CENTER, INC.

No. 94-1232.

912 S.W.2d 427 (1996)

323 Ark. 16

Edward Eugene WHITNEY, et al., Appellants, v. HOLLAND RETIREMENT CENTER, INC., Appellee.

Supreme Court of Arkansas.

January 8, 1996.

Attorney(s) appearing for the Case

Michael W. Hawkins, Denny Hyslip, Fayetteville, for appellants.

Jacob Sharp, Jr., Little Rock, for appellee.

GLAZE, Justice.

Leo Whitney, eighty-one years old, had been a patient at the Veterans Administration Hospital in Fayetteville, but afterwards was discharged and transported directly to the appellee Holland Retirement Center. During his stay at Holland, Leo left the premises sometime between 10:30 p.m. and 6:00 a.m., was unable to reenter the building because of locked doors, and died of hypothermia as a result of exposure to sub-freezing temperatures. Leo's estate...

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