Progressive Eldercare Svcs.-Bryant, Inc. v. Price ( 2016 )

Cite as 2016 Ark. App. 528
ARKANSAS COURT OF APPEALS
DIVISIONS II & III
No. CV-16-161
PROGRESSIVE ELDERCARE SERVICES- Opinion Delivered November 2, 2016
BRYANT, INC. d/b/a SOUTHERN TRACE
REHABILITATION AND CARE CENTER APPEAL FROM THE SALINE COUNTY
APPELLANT CIRCUIT COURT
[NO. 63-CV-13-479-2]
V.
HONORABLE GARY ARNOLD,
WILDA PRICE, AS PERSONAL JUDGE
REPRESENTATIVE OF THE ESTATE OF
DOVIE PRICE AFFIRMED
APPELLEE
LARRY D. VAUGHT, Judge
Appellant Progressive Eldercare Services—Bryant, Inc., d/b/a/ Southern Trace
Rehabilitation and Care Center (Progressive) sought summary judgment from the Saline
County Circuit Court, claiming charitable immunity as a matter of law. Appellee Wilda Price,
as the personal representative of the estate of Dovie Price, resisted the motion, claiming that
Progressive not only was not entitled to charitable immunity, but it also was abusing the
charitable form to avoid liability. The trial court denied summary judgment. On interlocutory
appeal, Progressive argues that it is entitled to judgment as a matter of law on its defense of
charitable immunity. For the reasons stated in Progressive Eldercare Services-Saline, Inc. v. Cauffiel,
2016 Ark. App. ___, handed down this same day, we affirm.
Affirmed.
GRUBER, HIXSON, and BROWN, JJ., agree.
HARRISON and GLOVER, JJ., concur.
Cite as 2016 Ark. App. 528
BRANDON J. HARRISON, Judge, concurring. I concur for the same reasons
expressed in my concurrence in Progressive Eldercare Services-Saline, Inc. v. Cauffiel, 2016
Ark. App. 523, ___ S.W.3d. ___, handed down today.
DAVID M. GLOVER, Judge, concurring. I concur for the same reasons
expressed in my concurrence in Progressive Eldercare Services-Saline, Inc. v. Cauffiel, 2016
Ark. App. 523, ___ S.W.3d ___, handed down today.
Kutak Rock LLP, by: Mark W. Dossett and Jeff Fletcher, for appellant.
Reddick Moss, PLLC, by: Brian D. Reddick, Robert W. Francis, and Matthew D. Swindle,
for appellee.
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