Fleming v. Vest
2014 Ark. App. 327
Ark. Ct. App.2014Background
- Victoria Jane Fleming appealed the circuit court’s grant of Dr. Kenneth Vest’s motion for summary judgment, which dismissed her wrongful-death claim.
- Fleming argued the trial court erred in applying the medical-malpractice statute of limitations, and in finding the summary-judgment record resolved material factual disputes as to the statute-of-limitations and quasi‑judicial‑immunity defenses.
- The appellate record was incomplete: cross-claim documents filed by Robert and Linda Lands (against Vest and Community Counseling Services/insurer) and certain hearing/transcript pages were missing from the record and addendum.
- The Lands had been parties in the second amended complaint but were later dismissed by separate settlement orders; the record lacked the cross-claim, motion to dismiss that cross-claim, and the order disposing of it.
- Appellant’s designated June 22, 2012 response to Vest’s motion for summary judgment was not included in the record despite being listed in the notice of appeal.
- The Court of Appeals remanded for supplementation of the record and ordered a substituted abstract and addendum (with rebriefing), citing appellate rules governing completeness of the record and abstracts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Application of medical-malpractice statute of limitations | Fleming contends the trial court misapplied the medical-malpractice SOL to bar her claim | Vest argued the SOL barred the claim and moved for summary judgment | Not reached on the merits — remand for record supplementation before addressing |
| Whether summary-judgment record resolves all material facts on SOL defense | Fleming argued genuine issues of material fact remain precluding summary judgment | Vest argued the record conclusively resolved all facts dispositive of the SOL defense | Not reached — incomplete record prevents appellate review |
| Whether summary-judgment record resolves all material facts on quasi-judicial immunity defense | Fleming argued immunity was not established as a matter of law | Vest asserted quasi-judicial immunity applied and justified dismissal | Not reached — incomplete record prevents appellate review |
| Sufficiency of appellate record/abstract/addendum | Fleming designated certain documents and transcripts for the record that were missing or not properly abstracted | Vest treated the existing record as sufficient for judgment review | Court held the record and abstract/addendum were deficient and remanded for supplementation and rebriefing |
Key Cases Cited
- None — the opinion does not cite any authorities with official reporter citations; the decision rests on Arkansas appellate procedural rules and deficiencies in the record.