Progressive Eldercare Svcs.-Saline, Inc. v. Garrett

Cite as 2016 Ark. App. 518

ARKANSAS COURT OF APPEALS
DIVISIONS II & III
No. CV-15-773

PROGRESSIVE ELDERCARE Opinion Delivered NOVEMBER 2, 2016
SERVICES-SALINE, INC., d/b/a
HEARTLAND REHABILITATION AND APPEAL FROM THE SALINE COUNTY
CARE CENTER, PROGRESSIVE CIRCUIT COURT
ELDERCARE SERVICES, INC.; [NO. 63-CV-13-354-3]
PROCARE THERAPY SERVICES, LLC;
HONORABLE GRISHAM PHILLIPS,
JEJ INVESTMENTS, LLC; PONTHIE JUDGE
HOLDINGS, LLC; SOUTHERN
ADMINISTRATIVE SERVICES, LLC; AFFIRMED
CAREPLUS STAFFING SERVICES, LLC;
JOHN PONTHIE; ROSS PONTHIE;
MARK THOMPSON; AND EARNEST
JOHNSON IN HIS CAPACITY AS
ADMINISTRATOR OF HEARTLAND
REHABILITATION AND CARE
CENTER
APPELLANTS

V.

KEVIN GARRETT AS ATTORNEY-IN-
FACT FOR LOTTIE WHITE

APPELLEE

DAVID M. GLOVER, Judge

Progressive Eldercare Services—Saline, Inc., d/b/a Heartland Rehabilitation and Care

Center (“Heartland”) appeals the Saline County Circuit Court’s denial of summary judgment

that it is charitably immune to suit as a matter of law. In this interlocutory appeal, Heartland

contends it is entitled to summary judgment as a matter of law based on the doctrine of

charitable immunity and that appellee Kevin Garrett, as attorney-in-fact his mother, Lottie
Cite as 2016 Ark. App. 518

White, failed to rebut its entitlement to charitable immunity. For the reasons stated in

Progressive Eldercare Services-Saline, Inc. v. Cauffiel, 2016 Ark. App. 523, ___ S.W.3d ___,

handed down today, we affirm.

Affirmed.

GRUBER, VAUGHT, HIXSON, and BROWN, JJ., agree.

HARRISON, J., concurs.

BRANDON J. HARRISON, Judge, concurring. I concur for the same reasons

expressed in my concurrence in Progressive Eldercare Services-Saline, Inc. v. Cauffiel, 2016 Ark.

App. 523, ___ S.W.3d. ___, handed down today.

Kutak Rock LLP, by: Mark W. Dossett and Jeff Fletcher, for appellant.

Reddick Moss, PLLC, by: Brian D. Reddick, Robert W. Francis, and Matthew D. Swindle,

for appellee.

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