Foncannon v. Phico Insurance

MEMORANDUM OPINION

H. FRANKLIN WATERS, District Judge.

This is a wrongful death action. Plaintiffs’ contend the defendants’ medical negligence resulted in the death of their four year old son. Plaintiffs seek to recover damages under Arkansas’ Wrongful Death Act.

The case is before the court on the motion for summary judgment filed by Dr. Asish Ghosh. The other defendants, Dr. James Justice and Phico Insurance Company, have filed a motion to adopt Dr. Ghosh’s motion. Their request will be granted.

The sole issue raised by this motion is whether the damage provisions of the Arkansas Wrongful Death…