Farris v. Conger

I would affirm the circuit court’s grant of summary judgment because Farris’s purported breach-of-contract action sounds in negligence, and her cause of action is time-barred by the three-year statute of limitations applicable to negligence claims. For these reasons, I respectfully dissent.

IsThis court looks to the gist of the complaint to determine whether an allegation sounds in negligence or contract. See, e.g., Pounders v. Reif, 2009 Ark. 581, 2009 WL 3878290. In Sturgis v. Skokos, 335 Ark. 41, 977 S.W.2d 217 (1998), this court examined whether a complaint sounded in negligence or…