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SETH v. ST. EDWARD MERCY MEDICAL CENTER

No. 07-1348.

291 S.W.3d 179 (2009)

Wesley and Tina SETH, Appellants, v. ST. EDWARD MERCY MEDICAL CENTER, Appellees.

Supreme Court of Arkansas.

January 22, 2009.

Attorney(s) appearing for the Case

McHenry, McHenry & Taylor, by: Donna McHenry, Robert McHenry, and Greg Taylor, Little Rock, for appellants.

Thompson and Llewellyn, P.A., by: William P. Thompson, Fort Smith, for appellee.

ELANA CUNNINGHAM WILLS, Justice.

Wesley and Tina Seth appeal from an order of the Sebastian County Circuit Court granting St. Edward Mercy Medical Center's (St.Edward) motion for summary judgment on the basis of the charitable immunity doctrine. The Seths first argue that the trial court erred because St. Edward waived any claim of charitable immunity from suit or liability and that the principle of estoppel prevents application

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