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EDWARDS v. NELSON

No. 07-48.

275 S.W.3d 158 (2008)

Kenneth EDWARDS, Jr. and The Estate of Kenneth Edwards, Sr., Appellants, v. Richard NELSON, M.D., Radiologists, P.A., Thomas Kelly, M.D., St. Edward Mercy Medical Center, and Cooper Clinic, P.A., Appellees.

Supreme Court of Arkansas.

Rehearing Denied March 13, 2008.

Attorney(s) appearing for the Case

Elliott & Smith, P.A., by: J. Timothy Smith, Fayetteville, for appellant.

Cox, Cox & Estes, PLLC, by: Walter B. Cox and James R. Estes, Fayetteville, for appellees Richard Nelson, M.D. and Radiologists, P.A.

Warner, Smith & Harris, PLC, by: Wayne Harris and Stephanie Harper Easterling, Fort Smith, for appellees Thomas Kelly, M.D. and Cooper Clinic, P.A.

Ledbetter, Cogbill, Arnold & Harrison, LLP, by: J. Michael Cogbill and Rebecca D. Hattabaugh, Fort Smith, for appellee St. Edward Mercy Medical Center.

JIM GUNTER, Justice.

This appeal arises from an order of the Sebastian County Circuit Court granting summary judgment in favor of Appellees Richard Nelson, M.D.; Radiologists, P.A.; Thomas Kelly, M.D.; Cooper Clinic, P.A. ("Cooper"); and St. Edward Mercy Medical Center ("Mercy"). We reverse and remand.

Kenneth Edwards, Sr. died after a lengthy hospitalization at Mercy on April 4, 2003. On November 10, 2003, Kenneth Edwards, Jr. ("Edwards") was appointed as...

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