Marcum v. Hodge (Majority, with Dissenting)
Annotate this Case
The Supreme Court reversed the order of the circuit court granting Defendant's motion to dismiss this tort action brought against an estate, holding that the statute of nonclaim, as opposed to the general three-year statute of limitations, governed Plaintiff's claims and that she timely filed her amended complaint pursuant to the applicable limitation period.
Plaintiff filed an amended complaint against the special administrator overseeing the estate of the person with whom she was in an automobile accident. Defendant filed a motion to dismiss the complaint pursuant to Ark. R. Civ. P. 12(b)(6) on the grounds that it was barred by the applicable statute of limitations. The circuit court granted the motion. The Supreme Court reversed, holding that the circuit court erred in applying the general three-year statute of limitations in dismissing Plaintiff's amended complaint as untimely rather than applying the applicable limitation period set forth in the statute of nonclaim.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.