Ark.]
627
Philip AKA, Special Administrator of the Estate of Evangeline Aka v. JEFFERSON HOSPITAL ASSOCIATION, INC., d/b/a Jefferson Regional Medical Center; Kimberly Garner, M.D.; Betty Orange, M.D.; Randy Hill, M.D.; Shane Higginbotham, M.D.; Herbert Fendley, M.D.; William Freeman, M.D.; Harvie M. Attwood, M.D.; and St. Paul Fire & Marine Insurance Company, Inc.
99-1366
42 S.W.3d 508
Supreme Court of Arkansas
Opinion delivered May 10, 2001
[Petition for rehearing (separate appellees Herbert Fendley, M.D., et al.) denied[1]; petition for rehearing (separate appellees Kimberly Garner, M.D., et al.) denied; petition for rehearing (appellee St.Paul Fire & Marine Insurance Company) denied.[2]]
- APPEAL & ERROR – MOTION TO SUPPLEMENT ADDENDUM – GRANTED. – Where the supreme court recognized that appellant was not seeking to amend the addendum but to ensure that the court had complete copies of all indexed items, the supreme court granted appellant's motion to supplement the addendum.
- APPEAL & ERROR – NOTICE OF APPEAL – ADEQUATE TO PRESERVE APPELLATE REVIEW OF INTERMEDIATE ORDER. – The supreme court found that appellant's notice of appeal was adequate to preserve appellate review of the trial court's intermediate order dismissing the claims regarding the Estate of Baby Boy Aka.
- CRIMINAL LAW – AMENDED DEFINITION OF "PERSON" IN ACT 1273 OF 1999 – SUPREME COURT NO LONGER CONSTRAINED BY COMMON-LAW DEFINITION OF "PERSON". – Given the amended definition of "person" in Act 1273 of 1999, codified at Ark. Code Ann. § 5-1-102(13)(B)(i)(a) (Supp. 1999), the legislature plainly afforded protection to unborn viable fetuses, assuming that injury or death occurred without the mother's consent to a lawful abortion or outside the "usual and customary standards of medical practice" or beyond "acts deemed necessary to save" the mother's life; Act 1273
