Cannady v. St. Vincent Infirmary Med. Ctr. (Majority, with Concurring)Annotate this Case
Appellant, individually and as the administratrix of the Estate of Anne Pressley, filed a complaint against Appellees, a medical center (the Center) and three individuals associated with the Center, alleging claims of invasion of privacy and outrage. The circuit court granted summary judgment in favor of Appellees, holding (1) a claim for invasion of privacy does not survive the death of a decedent; (2) the claim for outrage failed because it was based on the same conduct as the claim for invasion of privacy; and (3) because Appellant's previous two claims failed, the Center could not be held vicariously liable for the conduct of its employees. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the circuit court did not err in finding that Ark. Code Ann. 16-62-101(a)(1) does not provide for the claim of invasion of privacy to survive the death of the decedent; (2) the circuit court erred in granting summary judgment on Appellant's claim for outrage; and (3) because the judgment was reversed on the outrage claim, the circuit court's finding that the Center could not be held vicariously liable for the conduct of its employees must also be reversed.