Gracie Dent v. Conway Regional Medical Center, Inc., d/b/a Conway Regional Health Center; Katie Hunt; Conway Regional Rehabilitation Center; Jason Skinner, M.D.; Adam Cox, M.D.; Brock King; and Copic, a Risk Retention Group

Summary

The Arkansas Court of Appeals affirmed the dismissal with prejudice of Gracie Dent’s medical-malpractice claims against Conway Regional Medical Center and other defendants. The court held that Dent failed to establish good cause for extending the service period under Arkansas Rule of Civil Procedure 4(i), and that the John Doe statute and Rule 15(c) did not permit her claims against the subsequently named defendants to relate back. The court also concluded that the statute of limitations barred the claims.

Holdings

1. A plaintiff seeking an extension of the 120-day service period under Rule 4(i) must timely file the motion for extension and make a showing of good cause before the extension order is entered. An extension order alone is insufficient.
2. The appellate court will not address an argument that the circuit court's extension order created a right of reliance when the circuit court did not rule on that argument.
3. Although Rule 4(i) generally provides for dismissal without prejudice for failure to obtain timely service, dismissal with prejudice is proper when the action is otherwise barred by the statute of limitations.
4. A plaintiff may use the John Doe statute only when the tortfeasor's identity is unknown and must also satisfy the requirements of Rule 15(c). Relation back requires that the claim arise from the original conduct, the added party receive timely notice without prejudice, the added party know or should know that it would have been named but for a mistake concerning identity, and the latter two requirements be satisfied within 120 days after the original complaint.
5. The circuit court properly dismissed or granted summary judgment to defendants whose alleged treatment did not occur during the period identified in Dent's complaint.

Questions Presented

1. Whether the circuit court erred in dismissing Conway Regional Medical Center with prejudice when Dent obtained an extension of time for service but did not make a contemporaneous showing of good cause under Arkansas Rule of Civil Procedure 4(i).
2. Whether Dent could rely on the circuit court's extension order despite the court's later determination that service was untimely.
3. Whether dismissal of Conway Regional Medical Center should have been without prejudice when the statute of limitations had run.
4. Whether the John Doe statute and Arkansas Rule of Civil Procedure 15(c) allowed Dent's later substitution of Katie Hunt, Adam Cox, Jason Skinner, Brock King, Conway Regional Rehabilitation Center, and Copic to relate back to the original complaint.
5. Whether the dismissals of the substituted defendants should have been without prejudice.

Disposition

affirmed