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ARCHER v. SISTERS OF MERCY HEALTH SYSTEM

No. 08-784.

294 S.W.3d 414 (2009)

Charles ARCHER and Linda Archer, Husband and Wife, Individually and as Parents and Next Friends of Mason Archer, Appellants, v. SISTERS OF MERCY HEALTH SYSTEM, ST. LOUIS, INC. d/b/a Sisters of Mercy Health System d/b/a St. Joseph's Mercy Health Center; Bethany A. McGraham, M.D.; James E. Tutton, M.D.; Hot Springs Radiology Services, Ltd.; Mark S. Russell, M.D.; Mark B. Robbins, M.D.; Deanna L. Shatwell, R.N. a/k/a Deanna L. Dial, R.N.; and Paula Scheck, R.N., Appellees.

Supreme Court of Arkansas.

February 12, 2009.

Attorney(s) appearing for the Case

Arnold, Batson, Turner & Turner, P.A., by: Todd Turner and Dan Turner, Arkadelphia, and Wigington Rumley, LLP, by: Joe Dunn, for appellants.

Wright, Lindsey & Jennings LLP, by: Edwin L. Lowther, Jr., David P. Glover, Little Rock, and Gary D. Marts, Jr., Little Rock, for appellee Sisters of Mercy Health System, St. Louis Pooled Comprehensive Liability Program, et al.

Brian Brooks, Greenbrier, for amicus curiae Arkansas Trial Lawyers Association.

ROBERT L. BROWN, Justice.

This appeal involves a medical malpractice action brought by appellants Charles and Linda Archer ("the Archers") on behalf of their son, Mason Archer, against multiple parties, including appellee, Sisters of Mercy Health System, St. Louis Pooled Comprehensive Liability Program ("the Liability Pool").1 The circuit judge entered an order dismissing the Liability Pool. We reverse and remand.

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