Simpson v. Fuller

Richard B. Adkisson, Chief Justice.

This is a medical malpractice action brought by appellant, Charity May Simpson, against appellee, Dr. Cullen Dale Fuller, Memorial Hospital of North Little Rock, and St. Paul Fire and Marine Insurance Company. The trial court dismissed the suit with prejudice because of appellant’s failure to notify appellee sixty days before filing suit pursuant to Act 709 of 1979 (codified at Ark. Stat. Ann. § 34-2617 [Supp. 1981]). Appellant admits her failure to comply with the sixty day notice of intent to sue, but she contends the notice requirement is constitutionally…