Neal v. Sparks Regional Medical Center

Jim Gunter, Justice.

Appellants appeal the trial court’s denial of their motions to (1) strike appellee’s amended answer asserting the defense of charitable immunity and (2) substitute appel-lee’s insurance carrier as the party-defendant. Appellants assert that appellee’s failure to timely assert the defense of charitable immunity was prejudicial, therefore the trial court erred in not striking the amended answer. We agree with appellants and reverse.

On July 23, 2003, Arvilla Langston died while under the care of Sparks Regional Medical Center (Sparks), and her children and estate filed suit…