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NORTHPORT HEALTH SERVICES OF ARKANSAS v. POSEY

No. 18-2459.

930 F.3d 1027 (2019)

NORTHPORT HEALTH SERVICES OF ARKANSAS, LLC, doing business as Covington Court Health and Rehabilitation Center; NHS Management, LLC; Northport Health Services, Inc., Plaintiffs-Appellees v. Mark Wesley POSEY, Individually and as Special Administrator of the Estate of Clyde Wesley Posey, and on Behalf of the Wrongful Death Beneficiaries of Clyde Wesley Posey, Defendant-Appellant. Arkansas Trial Lawyers Association; AARP; AARP Foundation, Amici on Behalf of Appellant(s). Arkansas Health Care Association; American Health Care Association; National Center for Assisted Living, Amici on Behalf of Appellee(s).

United States Court of Appeals, Eighth Circuit.

Filed: July 23, 2019.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Darren O'Quinn , of Little Rock, AR.

Counsel who presented argument on behalf of the appellee was Kirkman T. Dougherty , of Fort Smith, A.R. The following attorney(s) appeared on the appellee brief; Jeffrey W. Hatfield , of Rogers, A.R., Stephanie I. Randall , of Fort Smith, A.R.

Before BENTON, MELLOY, and SHEPHERD, Circuit Judges.

Representing the estate of his deceased father, Clyde Posey, Mark Posey appeals the district court's adverse grant of summary judgment in his wrongful death action against Northport Health Services of Arkansas, LLC (Northport). Having jurisdiction pursuant to 28 U.S.C. § 1291, we reverse.

On September 2, 2004...

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