466
[331
Cathy McQUAY, Sam McQuay, Sue Beebe, Sharion Cantrell, Rachel Keech, Charman Rowe, Dennis Rowe, and Randy Thatch v. Randall GUNTHARP, M.D., and Northeast Arkansas Internal Medicine Clinic, d/b/a Pocahontas Family Clinic
96-1523
963 S.W.2d 583
Supreme Court of Arkansas
Opinion delivered February 19, 1998
- CIVIL PROCEDURE – WHEN MOTION TO DISMISS TREATED AS ONE FOR SUMMARY JUDGMENT. – Ordinarily, when matters outside the pleadings are presented and not excluded by the trial court in connection with a motion to dismiss under Ark. R. Civ. P. 12(b)(6), the appellate court treats the motion as one for summary judgment under Ark. R. Civ. P. 56.
- JUDGMENT – SUMMARY JUDGMENT – MATTERS CONSIDERED. – The matters to be considered in summary-judgment proceedings are limited to affidavits, depositions, admissions, and answers to interrogatories.
- PLEADING – COURT MUST LOOK TO COMPLAINT TO DETERMINE WHETHER PARTICULAR CAUSE OF ACTION STATED. – In determining whether the trial court erred in characterizing appellants' claim as a battery as opposed to outrage and thus ruling that the action was barred by the one-year statute of limitations pertaining to battery, the supreme court was obliged to look to the complaint itself.
- LIMITATION OF ACTIONS – STATUTE WITH LONGEST LIMITATIONS APPLIES. – Where two or more statutes of limitations apply to a cause of action, the supreme court generally applies the statute with the longest limitations.
- PLEADING – ARKANSAS RECOGNIZES ONLY "FACTS PLEADINGS." – Although appellants' complaint stated that their action was one for outrage, the supreme court was required to look to the facts alleged because Arkansas does not recognize "notice pleadings," but only "facts pleadings"; the court looks to the gist of the action in making such a determination.
- TORTS – OUTRAGE – NECESSARY ELEMENTS. – To establish an outrage claim, a plaintiff must demonstrate the following elements: (1) the actor intended to inflict emotional distress or knew or
