Dodson v. Charter Behavioral Health System of Northwest Arkansas, Inc.

• Decision Date: 12 November 1998
• Docket Number: No. 97-1427,97-1427
• Citation: 335 Ark. 96,983 S.W.2d 98
• Parties: Diann K. DODSON (Douglas) and Ruthie Drain, Administratrix of The Estate of Freddie Drain, Appellants, v. CHARTER BEHAVIORAL HEALTH SYSTEM OF NORTHWEST ARKANSAS, INC. d/b/a Charter Vista Hospital, Appellees, The Estate of Tammy Harrison (Butts), Appellee and Cross-appellant.
• Court: Arkansas Supreme Court

Page 98

983 S.W.2d 98

335 Ark. 96

Diann K. DODSON (Douglas) and Ruthie Drain, Administratrix of The Estate of Freddie Drain, Appellants, v. CHARTER BEHAVIORAL HEALTH SYSTEM OF NORTHWEST ARKANSAS, INC. d/b/a Charter Vista Hospital, Appellees The Estate of Tammy Harrison (Butts), Appellee and Cross-appellant.

No. 97-1427.

Supreme Court of Arkansas.

Nov. 12, 1998.

Jeff Slaton, Springdale, Todd L. Griffin, Little Rock, J. Timothy Smith, Fayetteville, for Appellant.

Ben T. Barry, Jacqueline J. Johnston, Fort Smith, Woody Bassett, Fayetteville, for Appellee.

BROWN, Justice.

This is an appeal from a grant of a motion for a directed verdict in favor of appellee Charter Behavioral Health System of Northwest Arkansas, Inc. d/b/a Charter Vista Hospital (Charter Vista). Appellee/cross-appellant The Estate of Tammy Harrison (Butts) cross-appeals on the failure of appellants Diann K. Dodson (Douglas) and Ruthie Drain, Administratrix of the Estate of Freddie Drain, who filed the complaint in this matter, to comply with the Statute of Non-Claim of the Probate Code (Ark.Code Ann. § 28-50-101(a) (Supp.1997)). We affirm the directed verdict in favor of Charter Vista. We reverse the trial court's ruling with regard to the cross-appeal and Statute of NonClaim and hold that the claims of Dodson and the Drain Estate against the Harrison Estate are barred.

From March 9, 1994, to March 21, 1994, Tammy Harrison was an in-patient at Charter Vista Hospital in Fayetteville. Her diagnosis was severe depression, and she was placed on a suicide watch. According to a Psychiatric Evaluation completed by Dr. Stephen Dollins on March 9, 1994, she had suicidal ideations with a plan of driving in front of a truck to make her death look like an accident.

When Harrison was discharged from Charter Vista on March 21, 1994, she was directed to have counseling at the Ozark Guidance Center, also in Fayetteville, but this was not done because her health insurance would not cover the treatment. She did, however, attend ten aftercare group sessions at Charter Vista, the last being on June 23, 1994, which was the date of her death. Dr. Stephen Dollins also provided follow-up care and saw her on three occasions after her discharge from the hospital. Her last appointment with him was on May 24, 1994, when, according to his records, she appeared to be doing fine.

On June 23, 1994, Harrison attended an aftercare group session at Charter Vista led by counselor Judy Bostian. Her wrists had been cut, and she stated that she had thoughts of suicide. She was kept after the group session so that she could visit with Bostian but left at 8:30 p.m., with instructions from Bostian to call if she had thoughts of harming herself. At 10:15 p.m. that same night, Harrison called Charter Vista and spoke with Rochelle Knox, who assessed her as suicidal. Knox contacted the Mobile Assessment Team (MAT), which is part of the Charter Vista operation and which was created for the purpose of going to locations and assisting in psychiatric emergencies. When Harrison could not be reached at the number she had given, Knox called the Fayetteville Police Department and asked that they do a welfare check on Harrison. At 10:46 p.m., Harrison called Charter Vista, and because contact was reestablished, Knox canceled the police welfare check.

Juliette Minkel, a MAT member on duty with Charter Vista, spoke with Harrison for 45 minutes after she called back. Harrison told her that she was having problems coping with four children under three years old, including one-year-old twins. Also, her husband had recently left her. Harrison stated that she had cut her wrists earlier in the day because she wanted to hurt herself and her friend had put a Band-Aid on the injury. Based on the conversation, during which Harrison told Minkel that she did not want to die, Minkel determined that the earlier incident of cut wrists was self-mutilation and not a genuine suicide attempt. She stated that Harrison seemed to be functioning fully and was rational, and further that she appeared to be seeking the help she needed. Harrison agreed to come to Charter Vista at midnight. Minkel testified that she called Dr. Dollins, who agreed with the plan. (Dr. Dollins, however, testified that Minkel called him after Harrison's death.)

While driving on State Highway 265 toward Charter Vista, Harrison crossed the centerline and struck a vehicle, injuring Debra Middleton. Further up Highway 265, she again crossed the centerline and struck a vehicle head-on. The driver of the car, Freddie Drain, was killed, and the passenger, Diann Dodson, was injured. Harrison was killed when her car caught fire as a result of the collision. The Medical Examiner's Office performed an autopsy and rendered an opinion that Harrison's death was due to suicide.

Diann Dodson sued the Estate of Tammy Harrison, Charter Vista, and Dr. Stephen Dollins and claimed negligence. Ruthie Drain, Administratrix of the Estate of Freddie Drain, intervened as a plaintiff against the same parties. Both complaints against Dr. Dollins were dismissed without prejudice pursuant to Ark. R. Civ. P. 41. Charter Vista then filed a cross-claim seeking contribution and proration of fault against the Estate of Harrison, and the Estate of Harrison did likewise against Charter Vista. The trial court allowed Progressive Insurance Company, the liability carrier which had insured Tammy Harrison, to interplead its policy limits of $50,000 into the Registry of the Court for distribution to the proper parties.

Charter Vista filed a motion for summary judgment with regard to the claims of Dodson and the Drain Estate and argued that it owed no duty to Dodson or Drain because it did not have a special relationship with Harrison at the time of her suicide and, thus, had no control over her. Charter Vista further asserted that the incident was not foreseeable, and that Dodson and Drain could not have been identified as potential victims even if there had been a duty to warn. The Harrison Estate also filed a motion for summary judgment against the plaintiffs, Dodson and the Drain Estate, and defendant Charter Vista and argued that their claims were barred by the Statute of Non-Claim because the claiming parties had not filed a claim in the probate estate within six months of publication of notice of the opening of the estate.

The trial court denied Charter Vista's motion for summary judgment and concluded that the hospital did owe a duty to Dodson and Drain. The trial court denied the Harrison Estate's motion under the Statute of Non-Claim and permitted the claims of Charter Vista, Dodson, and Drain to be considered as claims against the Harrison Estate. The case proceeded to trial. On the fourth and final day of the trial, the trial court granted Charter Vista's directed-verdict motion on the basis that Dodson and the Drain Estate had failed to prove that Charter Vista's actions were the proximate cause of Dodson's injuries and Drain's death. The jury awarded Dodson and the Drain Estate $802,000 against the Estate of Harrison.

I. Directed Verdict

Dodson and the Drain Estate first contend that the trial court erred in converting the appellants' case from an ordinary negligence case to a medical negligence case. They point to the fact that the trial court entered an order denying Charter Vista's summary-judgment motion before trial and that the trial court had specifically referred to the hospital's duty of ordinary care during discussions surrounding that order. Finally, they maintain that the trial court's pretrial order was an order under Arkansas Civil Procedure Rule 16, which controlled the course of the ensuing trial.

We disagree, as an initial matter, that the trial court's order of March 11, 1997, was a Rule 16 order. Rather, the order primarily (a) denied Charter Vista's motion for summary judgment against Dodson and the Drain Estate, (b) granted Charter Vista's motion to dismiss against the Harrison Estate, and (c) denied the Harrison Estate's motion for summary judgment against Dodson and the Drain Estate. The order also dealt with a continuance motion and motion in limine. A Rule 16 order is categorically different. It generally concerns stipulations and agreements by the parties which narrow the issues, exhibits, and witnesses for trial. This aspect of the appellant's argument is meritless.

The crux of the argument made by Dodson and the Drain Estate is that they pled ordinary negligence against Charter Vista and that the trial court only alluded to a duty of ordinary care owed by Charter Vista prior to trial. They add that the case was tried as an ordinary negligence case. Again, we disagree. Medical negligence permeates this case. Indeed, in their complaint, Dodson and the Drain Estate allege negligence and proximate causation against Charter Vista which is grounded on the hospital-patient relationship between Charter Vista and Harrison. For example, the complaint alleges:

• Charter Vista should have known about Harrison's suicide plan.

• Charter Vista failed to get either the MAT or the Fayetteville police to check on its patient.

• Charter Vista encouraged Harrison to drive when they should have known of her suicide plan.

• Charter Vista had no policies in place to assess when a patient may pose a danger to herself or third parties.

All of these allegations are centered on a breakdown in medical care between the hospital and its patient.

It is true that the trial court made a reference to the duty of ordinary care owed by Charter Vista to Harrison before trial. That was in the context of assessing Charter Vista's motion for summary judgment and deciding whether a special relationship existed between the hospital and Harrison under Keck v. American Employment Agency, Inc., 279 Ark. 294, 652 S.W.2d 2 (1983), to control Harrison's conduct with respect to others. The trial court found that there was a special relationship and that a duty was...