Mercy Health System of Northwest Arkansas v. McGraw
Court of Appeals of Arkansas
1ConcurrencePhillip T. Whiteaker, Judge
|nI agree with the majority’s decision that there was substantial evidence to support the jury’s verdict on Dr. McGraw’s promissory estoppel claim. I write separately to emphasize that I believe there was also substantial evidence presented to support the jury’s verdict on Dr. McGraw’s negligence claims.
Mercy claims on appeal that it was entitled to a judgment notwithstanding the verdict because it did not owe any duty to Dr. McGraw to ensure that the complaint was forwarded to the insurance carrier. The issue of what duty is owed by one party to another is always a question of law and never…
2Cases cited4 opinions
- Steward v. McDonaldSupreme Court of Arkansas · 1997
- D.B. Griffin Warehouse, Inc. v. SandersSupreme Court of Arkansas · 1999
- Capel v. Allstate Insurance Co.Court of Appeals of Arkansas · 2002
- Thomas v. Judicial Conduct CommissionKentucky Supreme Court · 2002