Page:McQuay v. Guntharp.pdf/3

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468
McQuay v. Guntharp
Cite as 331 Ark. 466 (1998)
[331


apparent that appellants were most vulnerable in presenting their bodies to a physician whom they trusted to exercise professionalism in his treatment, only to be taken advantage of by a doctor seeking his own personal gratification.

  1. LIMITATION OF ACTIONSTRIAL COURT ERRED IN DISMISSING COMPLAINTTHREE-YEAR OUTRAGE LIMITATIONS APPLIEDREVERSED AND REMANDED. – The supreme court, concluding that the trial court erred in dismissing the complaint because sufficient facts were alleged to state a cause of action for the tort of outrage, which is governed by the three-year statute of limitations found in Ark. Code Ann. § 16-56-105 (1987), reversed the dismissal of the complaint and remanded the matter to the trial court.


Appeal from Randolph Circuit Court; Harold S. Erwin, Judge; reversed and remanded.

Boswell, Tucker, Brewster & Hicks, by: George R. Wise, Jr., for appellants.

Womack, Landis, Phelps, McNeill & McDaniel, by: Lucinda McDaniel, for appellees.


DONALD L. CORBIN, Justice. Appellants Cathy and Sam McQuay, Sue Beebe, Sharion Cantrell, Rachel Keech, Charman and Dennis Rowe, and Randy Thatch, appeal the judgment of the Randolph County Circuit Court dismissing with prejudice their claim against Appellees Dr. Randall Guntharp and Northeast Arkansas Internal Medicine Clinic. Our jurisdiction of this appeal is pursuant to Ark. Sup. Ct. R. 1-2(a)(15), as it presents a question concerning the law of torts. Appellants raise one point for reversal. We reverse.

Dr. Guntharp is a licensed physician with a medical practice in Pocahontas, employed by the Northeast Arkansas Internal Medicine Clinic, d/b/a Pocahontas Family Clinic. It is undisputed that he last saw Appellants in his office on the following dates: Rachel Keech on November 30, 1993; Charman Rowe on February 4, 1994; Sharion Cantrell on March 11, 1994; Randy Thatch on April 4, 1994; Sue Beebe on October 25, 1994; and Cathy McQuay on January 30, 1995. On February 28, 1996, Appellants filed a complaint for the tort of outrage, alleging that Dr. Guntharp had "improperly touched, examined, and otherwise