Mercy Health System of Northwest Arkansas v. McGraw

I agree with the majority that the issue of contributory negligence was not properly argued below and was not preserved for appeal. However, I dissent from the majority’s decision to uphold the judgment based on McGraw’s promissory-estoppel claim. I am guided primarily by our supreme court’s recent holding in Courtyard Gardens Health & Rehabilitation, LLC v. Quarles, 2013 Ark. 228, 428 S.W.3d 437, that while the statements of an alleged agent may be admissible to corroborate other evidence tending to establish agency, neither agency nor the scope of agency can be established by declarations…