Smith v. Heather Manor Care Center, Inc.
424 S.W.3d 368
Ark. Ct. App.2012Background
- Hickman died in a nursing home in June 2009; Smith and Muldrew administered her estate and sued Heather Manor, CANC, NCI, and Morton for multiple causes of action.
- The circuit court dismissed some claims and denied others; trial proceeded on medical malpractice, wrongful death, and punitive damages with directed verdicts granted for several defendants.
- The jury found no preponderance of medical negligence causally related to Hickman’s death; administrators appealed challenging directed verdicts and a Batson challenge.
- Administrators alleged a resident’s rights claim under Ark. Code Ann. § 2-10-1209(a) against Heather Manor; they argued various claims were subsumed into medical malpractice.
- Heather Manor struck three African-American jurors during voir dire; administrators asserted Batson v. Kentucky violations.
- Arkansas Supreme Court standard governs Batson review and the court affirms the circuit court’s rulings on the Batson challenge and directed verdicts.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Resident’s rights claim viability | Smith/Muldrew: rights claim not subsumed into malpractice; causation shown | Heather Manor: rights claim subsumed; no causation evidence | Resident’s rights claim not subsumed; but no causation proven; affirmed dismissal |
| Directed verdict on ordinary negligence, breach of contract, and fiduciary duty | Evidence supported these claims separate from malpractice | Insufficient evidence; claims subsumed or lacking basis | Court affirmed directed verdicts for Heather Manor on these claims |
| Batson challenge to striking of three African-American jurors | Strikes were racially motivated to exclude Black jurors | Explanations were race-neutral; demeanor and circumstances justify strikes | Court upheld circuit court; no clear preponderance of purposeful discrimination |
| Directed verdict in favor of CANC, NCI, and Morton | NCI, CANC, Morton liable under various theories including vicarious liability | No direct involvement; no proximate cause or contract basis | Affirmed directed verdicts; Morton, NCI, and CANC not liable |
Key Cases Cited
- Koch v. Northport Health Servs. of Ark., LLC, 361 Ark. 192 (2005) (resident’s rights claim separate and distinct from negligence)
- Bedell v. Williams, 2012 Ark. 75 (2012) (causation element required for resident’s rights claim)
- Scott v. Central Arkansas Nursing Ctrs., Inc., 101 Ark.App. 424 (2008) (directed-verdict standard; distinguishes NCI involvement)
- Purkett v. Elem., 514 U.S. 765 (1995) (race-neutral explanation suffices unless discriminatory intent evident)
- Stokes v. State, 359 Ark. 94 (2004) (three-step Batson test framework)
- Travis v. State, 371 Ark. 621 (2007) (appellate review of Batson findings; deference to circuit court)
- Ratliff v. State, 359 Ark. 479 (2004) (jury composition as evidence against discrimination)
- Health Facilities Mgmt. Corp. v. Hughes, 365 Ark. 237 (2006) (resident’s rights claim against licensee only)
- Advocat, Inc. v. Sauer, 358 Ark. 29 (2003) (entity affiliation evidence insufficient for liability)
- Scott v. Central Arkansas Nursing Centers, Inc., 101 Ark. App. 436 (2008) (narrowly distinguishes entity liability and care involvement)