NEAL v. SPARKS REGIONAL MEDICAL CENTER

No. 08-169.

289 S.W.3d 8 (2008)

Laura NEAL, Individually and as Administratrix of Arvilla Langston, deceased, David Langston, and Lelia Branch, Appellants, v. SPARKS REGIONAL MEDICAL CENTER, Appellee.

Supreme Court of Arkansas.

Rehearing Denied December 11, 2008.


Attorney(s) appearing for the Case

Sam Sexton III, Fort Smith, for appellants.

Warner, Smith & Harris, PLC, by C. Wayne Harris and Jason T. Browning, Fort Smith, for appellee.


JIM GUNTER, Justice.

Appellants appeal the trial court's denial of their motions to (1) strike appellee's amended answer asserting the defense of charitable immunity and (2) substitute appellee's insurance carrier as the party-defendant. Appellants assert that appellee's failure to timely assert the defense of charitable immunity was prejudicial, therefore the trial court erred in not striking the amended answer. We agree with appellants and reverse.

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