Hall v. Summit Contractors, Inc., 356 Ark. 609

Summary

The Supreme Court of Arkansas affirmed summary judgment for Summit Contractors and HRH Safety & Health Systems in a wrongful-death action arising from a construction accident in Tennessee. Applying Arkansas's Uniform Conflict of Laws Limitation Act, the court held that Tennessee's one-year statute of limitations governed because the claim was substantially based on Tennessee law. The court also rejected the plaintiff's arguments concerning the statutory unfairness exception and Arkansas's John Doe statute.

Holdings

1. Because the wrongful-death claim was substantially based on Tennessee law, Tennessee's one-year statute of limitations governed under Ark. Code Ann. § 16-56-202.
2. The subsequent repeal of Arkansas's Limitations Act could not revive Hall's claim because Tennessee's one-year limitations period had already expired.
3. The unfairness exception did not apply because Hall offered only a bare assertion of unfairness and no evidence that she lacked a fair opportunity to sue within Tennessee's one-year period.
4. The John Doe statute did not make Hall's amended complaint timely because Tennessee's one-year statute of limitations governed and had already expired.

Questions Presented

1. Whether Tennessee's one-year statute of limitations applied to Hall's wrongful-death claims under the Arkansas Uniform Conflict of Laws Limitation Act.
2. Whether the unfairness exception to the Act required application of Arkansas's longer limitations period.
3. Whether Hall's amended complaint naming HRH was timely under Arkansas's John Doe statute.

Disposition

affirmed