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SMITH v. DIVERSICARE LEASING CORP.

No. CA 98-705.

985 S.W.2d 749 (1999)

65 Ark.App. 138

Stanley SMITH, As Executor for The Estate of Jenny Smith, Deceased, Appellant, v. DIVERSICARE LEASING CORPORATION OF AMERICA, INC., and Garland Pines Convalescent Center, Appellees.

Court of Appeals of Arkansas, Division IV.

February 17, 1999.

Attorney(s) appearing for the Case

David Goldman, Hot Springs, for Appellant.

Guy Alton Wade, Little Rock, for Appellee.

JOHN F. STROUD, Jr., Judge.

Stanley Smith, executor of the estate of Jenny Smith (deceased), filed a medical malpractice claim against Diversicare Leasing Corporation of America, Inc., and Garland Pines Convalescent Center, alleging that as a direct and proximate result of their negligence, 93-year-old Jenny Smith fell from her bed at Garland Pines and suffered a severe concussion. Diversicare and Garland Pines moved to dismiss the claim, contending that it was governed...

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