TATUS v. HAYES

No. CA 02-94.

88 S.W.3d 864 (2002)

79 Ark.App. 371

Kathryn Elizabeth TATUS, Administratrix of the Estate of Mildred Lavonda Stutsman, Deceased v. John M. HAYES, M.D., et al.

Court of Appeals of Arkansas, Division I.

November 6, 2002.


Attorney(s) appearing for the Case

McMath & Associates, by: Sandy S. McMath, Little Rock, for appellant.

Friday, Eldredge & Clark, by: Laura Hensley Smith and T. Michelle Ator, Little Rock, for appellees.


WENDELL L. GRIFFEN, Judge.

The trial court decided this medical-malpractice case on a motion to dismiss because the statute of limitations barred the present action. Appellant Kathryn Tatus appeals, contending that the trial court improperly granted the motion to dismiss because the statute-of-limitations period was tolled by the prior suit filed by the heirs and that appellees were not prejudiced by the failure of appellant to file the action in the proper capacity...

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